State v. Sullens

Defendant appeals his convictions, after trial, for burglary in the first degree and theft in the first degree. ORS 164.225; ORS 164.055. He seeks review of the trial court’s order denying his motion for a new trial on the basis of newly discovered evidence. We have jurisdiction of defendant’s appeal under ORS 138.053(1)(a) but do not have authority to review the issue he raises. We therefore affirm.

Defendant makes only one assignment of error: The trial court abused its discretion in denying his motion for a new trial on the basis of newly discovered evidence. The state argues that we do not…