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STATE v. ELWOOD

No. 82102424; CA A27236; SC S30012.

683 P.2d 1368 (1984)

STATE of Oregon, Respondent On Review, v. Rodney Keith ELWOOD, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted December 5, 1983.

Attorney(s) appearing for the Case

Relan Colley, Corvallis, argued the cause for petitioner on review. With him on the briefs was Colley & Colley, Corvallis.

Kay Kiner James, Asst. Sol. Gen., argued the cause for respondent on review. With her on the briefs were Dave Frohnmayer, Atty. Gen., James E. Mountain, Sol. Gen., and Sally Leisure, Asst. Atty. Gen.

LENT, Justice.

The issue is similar to that presented in State v. Clevenger, 297 Or. 234, 683 P.2d 1360 (1984).

Defendant appealed from a judgment on conviction on his plea of guilty. He assigned as error the trial court's denial of his motion to withdraw his guilty plea and to plead not guilty and go to trial.

On appeal the state argued that the claim of error could not be reached in an appeal under ORS 138...

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