State v. Graham

Defendant pleaded guilty to two counts of burglary in the first degree. ORS 164.225. He appeals from concurrent sentences of 60 months in prison, imposed pursuant to ORS 137.635. 1 He argues that the court erred in failing to sentence him according to sentencing guidelines. The state concedes that, under State v. Haydon, 116 Or App 347, 842 P2d 410 (1992), the court did not have the authority under ORS 137.635(1) to impose a sentence that is longer than that authorized by the guidelines.

We first address whether the sentence resulted from a plea agreement. If so, we may not review it. ORS…