State v. Grimsley

632
Submitted December 3, affirmed December 26, 2019
STATE OF OREGON,
Plaintiff-Respondent,
v.
ROBERT ALEXANDER GRIMSLEY,
Defendant-Appellant.
Douglas County Circuit Court
15CR11551; A167333
454 P3d 850
Frances Elaine Burge, 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.
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 pro-
bation, assigning error to the trial court’s imposition of a
64-month term of incarceration, to which defendant previ-
ously 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.