State v. Kilborn

The state appeals the probationary sentence imposed under sentencing guidelines grid block 7-H after defendant pled guilty to sexual abuse in the second degree. ORS 163.425. We conclude that we may not review the claim of error and affirm.

In State v. Adams, 315 Or 359, 847 P2d 397 (1993), the Supreme Court held that ORS 138.222 precludes appellate review of a sentence resulting from a plea agreement. In State v. Johnston, 120 Or App 165, 851 P2d 1156 (1993), we determined that “resulting from” includes an agreement that did not include an agreed-upon term of incarceration, but in which the…