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101 Or. App. 516

State v. Moen

Court of Appeals of Oregon

Decided May 9, 1990

Court of Appeals of Oregon · decided 1990-05-09

Applies OR 135 § 135.385

Decided 1990-05-09

PER CURIAM

¶1Defendant appeals his conviction for assault in the second degree on the ground that the trial court did not orally give him all of the advice required by ORS 135.385(2) before accepting his guilty plea. He argues that the court’s error, in effect, nullified his conviction, making the voluntariness of his guilty plea an appealable issue. That issue was decided adversely to defendant in State v. Clevenger, 297 Or 234, 683 P2d 1360 (1984).

¶2Defendant also challenges the length of his sentence, arguing that the trial court sentenced him “on the basis of past crimes and unprosecuted crimes.” That contention has no merit.

¶3Affirmed.

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