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
                            

   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 

 (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, 

, 

 (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.