Opinion
Argued March 19, 1970
Affirmed April 9, 1970
Appeal from Circuit Court, Linn County.
WENDELL H. TOMPKINS, Judge.
Brian P. Jackson, Albany, argued the cause and filed the brief for appellant.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General and Jacob B. Tanzer, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and LANGTRY and FOLEY, Judges.
AFFIRMED.
The defendant, who has a previous criminal record, pleaded guilty to the crime of obtaining money by false pretenses and was sentenced to imprisonment for not to exceed three years. She appeals on the ground that the sentence was excessive. The statutory maximum is five years.
While her argument that because of changed personal circumstances imprisonment would serve no useful purpose may be worthy of consideration, it is more properly addressed toward the goal of parole, work release or commutation than the goal of reversal on appeal. See State v. Chilton, 1 Or. App. 593, 465 P.2d 495 (1970).
Affirmed.