STATE v. SMITH

A171823.

489 P.3d 628 (2021)

312 Or. App. 724

STATE of Oregon, Plaintiff-Respondent, v. Ryan Christopher SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

June 30, 2021.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Kyle Krohn , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Philip Thoennes , Assistant Attorney General, filed the brief for respondent.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.


Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010(4), challenging, in his combined first three assignments of error, the court's termination of diversion and entry of judgment pursuant to his guilty plea. Those assignments of error, however, are not reviewable under ORS 138.105(5)...

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