State v. Green

                                 480

             Submitted July 23, affirmed September 9, 2021


                   STATE OF OREGON,
                    Plaintiff-Respondent,
                              v.
                 CODY MICHAEL GREEN,
                   Defendant-Appellant.
                 Lane County Circuit Court
                   15CR10743; A172027
                             

   Jay A. McAlpin, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sarah De La Cruz, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Philip Thoennes, Assistant Attorney
General, filed the brief for respondent.
   Before James, Presiding Judge, and Kamins, Judge, and
Kistler, Senior Judge.
   PER CURIAM
   Affirmed.
Cite as 

 (2021)                              481

        PER CURIAM
         Defendant appeals from a judgment entered after
the termination of a failed driving under the influence of
intoxicants diversion. The state responds that defendant’s
assignments of error are not reviewable on appeal in light
of ORS 138.105(5). Defendant argues that they are reviewable despite the limitation on reviewability of guilty pleas
in ORS 138.105(5), or that if unreviewable, that the statute
violates equal protection. We have recently rejected similar
arguments to those made by defendant in State v. Merrill,

, 

, adh’d to as modified on recons,

, 

 (2021), and State v. Redick,

, 

 (2021). In light of Merrill and
Redick, we affirm on the ground that the assignments of
error are unreviewable, but we note that this issue is currently pending before the Oregon Supreme Court in State v.
Colgrove, 

, 

, rev allowed, 

 (2021), and the decision there will likely affect this case.
        Affirmed.