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STATE v. GREEN

A172027.

495 P.3d 219 (2021)

314 Or. App. 480

STATE of Oregon, Plaintiff-Respondent, v. Cody Michael GREEN, Defendant-Appellant.

Court of Appeals of Oregon.

September 9, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah De La Cruz, 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 James, Presiding Judge, and Kamins, Judge, and Kistler, Senior Judge.

PER CURIAM

Defendant appeals from a judgment entered after the termination of a failed driving under the influence of intoxicants diversion. The state responds that defendant's assignments of error are not reviewable on appeal in light of ORS 138.105(5). Defendant argues that they are reviewable despite the limitation on reviewability of guilty pleas in ORS 138.105(5), or that if unreviewable, that the statute violates equal protection. We have recently rejected...

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