STATE v. GARDNER

PER CURIAM.

This is an appeal from a plea of guilty. Having originally plead not guilty, defendant went to trial before a jury on a charge of burglary not in a dwelling. He was represented by counsel. After hearing the evidence against him he withdrew his plea of not guilty and entered a plea of guilty. He now argues that the court should not have permitted him to so do.

On appeal from a judgment entered on a plea of guilty:

"* * * [T]he appellate court shall only consider the question whether an excessive fine or excessive, cruel or unusual punishment not proportionate to the offense has been imposed * * *." ORS 138.050.

See State v. Brudos, 3 Or. App. 239, 471 P.2d 861 Sup Ct review denied (1970).

Affirmed.