State v. Burchett, 553 P.2d 1074

PER CURIAM.

A judgment of conviction having been entered against defendant following his plea of guilty to a felony, defendant appeals, contending that the court erred in refusing to allow him to withdraw his plea of guilty. ORS 138.050 which restricts the right of appeal upon conviction on a guilty plea provides in part:

“A defendant who has plead guilty or no contest may take an appeal from a judgment on conviction where it imposes an excessive fine or excessive, cruel or unusual punishment * * *. On such appeal, the appellate court shall only consider the question whether an excessive fine or excessive, cruel or unusual punishment not proportionate to the offense has been imposed * *

The Oregon Supreme Court held in State v. Jairl, 229 Or 533, 541-42, 368 P2d 323 (1962):

“We therefore construe ORS 138.050 to restrict the right of appeal of a defendant convicted upon a plea of guilty to the grounds specified in that section and no other. Whatever may have been the state of the law at the time ORS 138.050 was enacted, a defendant now has adequate means, provided by the Post-Conviction Hearing Act, by which to assert rights guaranteed by the state and federal constitutions. He is entitled to no more.”

Appeal dismissed.

Case Details

Case Name: State v. Burchett

Court Name: Court of Appeals of Oregon

Date Published: Aug 30, 1976

Citations: 553 P.2d 1074; 26 Or. App. 637; No. 75-2169-C-2, CA 6146; No. 75-2170-C-2, CA 6147

Docket Number: No. 75-2169-C-2, CA 6146; No. 75-2170-C-2, CA 6147

Court Abbreviation: Or. Ct. App.