- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 03-04-2015
- Case #: A153270
- Judge(s)/Court Below: Nakamoto, J. for the Court; Armstrong, P.J.; & Egan, J.
Defendant challenges the sentence imposed following her guilty plea and convictions for misdemeanor driving under the influence of intoxicants (DUII). The State challenges the Court of Appeals jurisdiction to hear the appeal. The sentence included a diversion agreement which required defendant to participate in an alcohol evaluation and treatment program, and pay certain fines and fees, a portion of which she paid late, resulting in default on the diversion agreement. The State moved to show cause to terminate the agreement, and in her objection, defendant asked for leniency because her single tardy payment was because she is indigent. The trial court granted State’s motion and terminated the agreement, and sentenced defendant to bench probation. Defendant appealed, and argued that the trial court lacked discretion to waive certain aspects of the sentence. The State moved to dismiss for lack of jurisdiction and argued that under ORS 138.050, a defendant who has pleaded guilty may take an appeal from a judgement only when defendant shows that the judgement exceeds the maximum allowable by law, which the trial court did not do. The Court of Appeals granted the State’s motion because the trial court’s sentence did not exceed the “maximum allowable by law”. Appeal dismissed.