State v. Yarbor

Defendant was convicted of two counts of sexual abuse in the first degree after he pled guilty pursuant to negotiations. ORS 163.427. The agreement with the state did not include what sentence would be imposed. We held that defendant’s appeal of the sentence imposed was not reviewable and affirmed. 128 Or App 52, 874 P2d 109 (1994). We allow defendant’s motion for reconsideration, State v. Kephart, 320 Or 433, 887 P2d 774 (1994), withdraw our opinion and, on reconsideration, affirm.

In imposing sentence, the trial court classified defendant’s 1974 Alaska conviction for “Lewd or Lascivious Acts…