State v. Landahl

Under ORS 138.050 (1)(a), if a conviction is not a "disposition" for the purposes of the statute, the Court of Appeals lacks jurisdiction to review the decision of the trial court.

Defendant appealed a DUII conviction. Defendant pled no contest to DUII upon entrance into the diversion program. Upon completion of the program, Defendant filed an unopposed motion to terminate diversion and it was granted. The State then learned that Defendant had violated the conditions of diversion prior to filing the termination motion by driving under the influence again. The State moved to dismiss termination, the trial court granted the dismissal, and Defendant was subsequently convicted of DUII based on his plea of no contest. The Court of Appeals held that it do not have jurisdiction under ORS 138.050 (1)(a), which allows for an appeal of a guilty or no contest plea "only when the defendant makes a colorable showing that the disposition exceeds the maximum allowable by law. . ." The Court held that a conviction is not a "disposition" for purposes of ORS 138.050. Appeal dismissed.