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STATE v. CLEVENGER

Nos. 81-2006, 81-2389; CA A23835; A23836; SC 29937.

683 P.2d 1360 (1984)

STATE of Oregon, Respondent On Review, v. Bruce Neil CLEVENGER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted December 5, 1983.

Attorney(s) appearing for the Case

Ronald K. Cox, Asst. Public Defender, North Bend, argued the cause and filed briefs for petitioner on review.

Kay Kiner James, Asst. Sol. Gen., argued the cause for respondent on review. With her on the response to the petition was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen. On the brief in the Court of Appeals were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Daryl Dodson Wilson, Asst. Atty. Gen.

LENT, Justice.

The issue is whether on appeal from a judgment of conviction on a plea of no contest the Court of Appeals, 64 Or.App. 183, 667 P.2d 9, may "consider" a claim that the judgment was entered in violation of ORS 135.395, which provides:

"After accepting a plea of guilty or no contest the court shall not enter judgment without making such inquiry as may satisfy the court that...

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