STATE v. GRIMSLEY (2019)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Robert Alexander GRIMSLEY, Defendant-Appellant.

A167333

Decided: December 26, 2019

Before Lagesen, Presiding Judge, and Powers, Judge, and Sercombe, Senior Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Andrew D. Robinson, Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Robert Grimsley filed the supplemental and reply briefs pro se. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Defendant appeals a judgment revoking his probation, assigning error to the trial court’s imposition of a 64-month term of incarceration, to which defendant previously had stipulated under a plea agreement. ORS 138.105(9), however, precludes us from reviewing that assignment of error. State v. Davis-McCoy, 300 Or. App. 326, 330, 454 P3d 48 (2019) (holding that ORS 138.105(9) bars review of those portions of a sentence imposed pursuant to a stipulation). In a pro se supplemental brief, defendant challenges the merits of the court’s revocation decision, contending that the court erred in finding that he violated the terms of his probation. We reject that contention without further discussion.

Affirmed.

PER CURIAM

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