State v. Cannon

Defendant appealed from his sentence following his conviction for murder. ORS 163.115(1). We affirmed without opinion. State v. Cannon, 128 Or App 60, 875 P2d 546 (1994). The Supreme Court has remanded for reconsideration in the light of State v. Kephart, 320 Or 433, 887 P2d 774 (1994). State v. Cannon, 321 Or 46, 892 P2d 697 (1995). We conclude that defendant’s sentence is reviewable.

Defendant pleaded guilty to murder pursuant to a plea bargain. The plea agreement provided that the state would recommend a sentence “according to grid block 11-H of the Sentencing Guidelines and no greater…