Opinion
91CR-1656; CA A72465
On respondent's motion for reconsideration filed July 20, reconsideration allowed; former opinion ( 120 Or. App. 246, 851 P.2d 635) withdrawn; affirmed September 1, 1993
Appeal from Circuit Court, Coos County.
Richard L. Barron, Judge.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, for motion.
No appearance contra.
Before Warren, Presiding Judge, and Rossman and Edmonds, Judges.
PER CURIAM
Reconsideration allowed; former opinion withdrawn; affirmed.
We allow the state's motion for reconsideration of our decision in which we affirmed defendant's conviction for murder but remanded for resentencing. 120 Or. App. 246, 851 P.2d 635 (1993).
Defendant was charged by a 10-count indictment with, inter alia, murder. ORS 163.115. Pursuant to a plea agreement, he pled guilty to a single charge of murder in return for dismissal of all the remaining charges. On appeal, he challenged both the life sentence and 25-year prison term imposed under ORS 163.115.
Defendant's sentence "resulted from" the agreement and we therefore may not review his claim of error. ORS 138.222(2)(d); State v. Adams, 315 Or. 359, 847 P.2d 397 (1993); State v. Johnston, 120 Or. App. 165, 851 P.2d 1156 (1993). We erred in remanding defendant's conviction for resentencing.
Reconsideration allowed; former opinion withdrawn; affirmed.