State v. Summers

The state appeals an order dismissing this case on the ground of untimely prosecution. Defendant pleaded guilty to first-degree burglary, but was not sentenced for ten years. Defendant contends that the appeal itself should be dismissed, because the order is not appealable. We agree and dismiss the appeal.

On November 26, 1985, defendant was charged in Umatilla County with first-degree burglary and theft. Pursuant to plea negotiations, on December 30,1985, defendant pleaded guilty to the burglary charge, and the state dismissed the theft charge. Sentencing was scheduled for January 30, 1986.…