Oregon v. Colgrove
Annotate this CaseThis case concerned a driving under the influence of intoxicants (DUII) conviction following the termination of a diversion agreement. Defendant Rhonda Colgrove pled guilty to misdemeanor DUII and petitioned to enter diversion. Defendant’s diversion petition stated, in part, that she had “read and underst[ood] all of the information in the attached Explanation of Rights and DUII Diversion Agreement” and “agree[d],” among other things, to “[a]ttend a victim impact panel as ordered by the court.” Defendant failed to pay $335 in fees and to attend a victim impact panel within the diversion period. The trial court thereafter terminated the diversion agreement and entered a judgment of conviction, and defendant appealed. As pertinent here, defendant challenged her conviction on the ground that the trial court had erroneously terminated her diversion agreement either because the agreement had not set a deadline to attend the victim impact panel or because the trial court had discretion to waive the attendance requirement. The Court of Appeals assumed that defendant’s challenge was reviewable under ORS 138.105(5), but concluded that it failed on the merits. The Oregon Supreme Court allowed defendant’s petition for review to address the reviewability issue that the Court of Appeals did not: whether ORS 138.105(5) precluded a defendant who pleads guilty or no contest from obtaining appellate review of legal challenges to the conviction in the judgment entered in the trial court. The Supreme Court concluded that such challenges were not reviewable under ORS 138.105(5). Accordingly, it affirmed the decision of the Court of Appeals on different grounds.
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