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STATE v. BURCHETT

553 P.2d 1074 (1976)

26 Or.App. 637

STATE of Oregon, Respondent, v. Delbert Wayne BURCHETT, Appellant (Two Cases).

Court of Appeals of Oregon.

Decided August 30, 1976.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

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...

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