Opinion
9105-0915A; CA A73553
Argued and submitted May 28, 1993
Affirmed July 14, 1993 Reconsideration denied September 29, 1993 Petition for review denied November 30, 1993 ( 318 Or. 98)
Appeal from Circuit Court, Linn County.
Jackson L. Frost, Judge.
Sally L. Avera, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant.
Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.
PER CURIAM
Affirmed.
Defendant was charged with burglary in the first degree and aggravated theft. ORS 164.225; ORS 164.057. Pursuant to plea negotiations, defendant pled no contest to the burglary offense, and the state dismissed the theft charge. Defendant's sentence resulted from the agreement, and we may not review her claim of error that the departure sentence imposed was not supported by substantial and compelling reasons. ORS 138.222(2)(d); State v. Adams, 315 Or. 359, 847 P.2d 397 (1993); State v. Tanner, 121 Or. App. 104, 854 P.2d 941 (1993); State v. Kilborn, 120 Or. App. 462, 852 P.2d 935 (1993); State v. Johnston, 120 Or. App. 165, 851 P.2d 1156 (1993).
Affirmed.