Opinion
A160981
06-28-2017
STATE of Oregon, Plaintiff-Respondent, v. Glenda Mae HILL, Defendant-Appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, for motion. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah Laidlaw, Deputy Public Defender, Office of Public Defense Services, for response.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, for motion.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah Laidlaw, Deputy Public Defender, Office of Public Defense Services, for response.
Before Egan, Presiding Judge, and Garrett, Judge.
PER CURIAM The state moves to dismiss defendant's appeal from a judgment of conviction for a misdemeanor following revocation of a diversion agreement. We grant the state's motion and dismiss the appeal. See State v. Jairl , 229 Or. 533, 541-42, 368 P.2d 323 (1962) (holding that a defendant who pleads guilty may not appeal under ORS 138.040 ); State v. Clevenger , 297 Or. 234, 244, 683 P.2d 1360 (1984) (adhering to the holding in Jairl and upholding the dismissal of an appeal where the defendant, who had pleaded guilty, assigned error only to the validity of the trial court's acceptance of the plea); State v. Cloutier , 351 Or. 68, 79-80, 84, 261 P.3d 1234 (2011) (citing Jairl and Clevenger for the proposition that, where a defendant has pleaded guilty or no contest to a misdemeanor, the defendant may not appeal under ORS 138.040 ); see also State v. Landahl , 254 Or.App. 46, 51-52, 292 P.3d 646 (2012), rev. den. , 353 Or. 787, 304 P.3d 467 (2013) (rejecting contention that a defendant who pleads guilty to a misdemeanor as part of a diversion agreement may appeal under ORS 138.040 a judgment of conviction entered following the trial court's revocation of that agreement).
Motion to dismiss granted; appeal dismissed.