State v. Jones

Under ORS 138.105(5)(a) and (b) the appellate court can only review a conviction when (1) “the trial court’s adverse determination of a pretrial motion reserved a conditional plea of guilty or no contest under ORS 135.335” and (2) “[if] the trial court erred by not merging determinations of guilt of two or more offenses, unless the entry of separate convictions results from an agreement between the state and the defendant.”

Defendant appealed a judgment of conviction on one count of harassment and a general judgment of contempt. Defendant assigned error to the trial court's allowance of the State's reversal of Defendant's deferred sentencing agreement, consequently, entering a judgment of conviction. Defendant argued that he did not violate his deferred sentencing agreement because he did not enter the area around the victim’s residence. Additionally, Defendant was convinced that the court could review his assignment of error despite ORS 138.105(5), which explains that the appellate court has no authority to review a defendant’s plea or conviction. The State argued that ORS 138.105(5) prohibits the court from assessing Defendant’s conviction. Under ORS 138.105(5)(a) and (b) the appellate court can only review a conviction when (1) “the trial court’s adverse determination of a pretrial motion reserved a conditional plea of guilty or no contest under ORS 135.335” and (2) “[if] the trial court erred by not merging determinations of guilt of two or more offenses, unless the entry of separate convictions results from an agreement between the state and the defendant.” The Court held that Defendant’s argument—that he did not violate the agreement—did not fall under the two conditions of ORS 138.105(5), therefore, the Court could not review his conviction. Affirmed.