State v. Grimsley

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632 December 26, 2019 No. 611 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. ROBERT ALEXANDER GRIMSLEY, Defendant-Appellant. Douglas County Circuit Court 15CR11551; A167333 Frances Elaine Burge, Judge. Submitted December 3, 2019. 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. Before Lagesen, Presiding Judge, and Powers, Judge, and Sercombe, Senior Judge. PER CURIAM Affirmed. Cite as 301 Or App 632 (2019) 633 PER CURIAM 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, ___ P3d ___ (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.

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