Opinion
89C-20682; CA A61080
Submitted on record and briefs February 1, 1990
Affirmed May 9, 1990
Appeal from Circuit Court, Marion County.
Rodney W. Miller, Judge. (Plea)
Val D. Sloper, Judge. (Sentence)
Allen M. Moen, Salem, filed the brief pro se for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Vera Langer, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Affirmed.
Defendant 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 P.2d 1360 (1984).
Defendant 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.
Affirmed.