State v. Landahl

Defendant, who appeals a judgment convicting him of driving under the influence of intoxicants (DUII), argues that the trial court erred in setting aside its previous dismissal of the charge and in entering a judgment based on his guilty plea made upon his entry into a diversion program. Defendant asserts that we have jurisdiction over this appeal pursuant to ORS 138.050(l)(a). The state asserts that we do not. As explained below, we conclude that the state is correct; accordingly, we dismiss the appeal.

The pertinent facts are procedural and not in dispute. Defendant was charged with DUII in…