Defendant was convicted of three counts of burglary in the first degree. ORS 164.225. He appeals from the consecutive sentences imposed and the sentencing court’s determination of the length of his sentences using a criminal history score of “E” and not “I,” in violation of OAR 253-12-020(2)(a)(b). We conclude that we lack authority to review the claim of error and affirm.
Through negotiations with the state, defendant agreed to a stipulated facts trial on the three counts of burglary in the first degree, and the state agreed not to indict defendant on other uncharged burglaries. As part of the agreement, defendant also agreed to admit liability for both the charged and uncharged burglaries at sentencing for purposes of setting restitution. There were no other sentencing recommendations in the plea agreement.
In
State v. Adams,
This case presents yet another form of a plea agreement. Here, in exchange for the state’s agreement not to indict defendant on other uncharged burglaries, he agreed to the stipulated facts trial and agreed to admit to liability for the charged and uncharged burglaries at sentencing for purposes of setting restitution. Following the reasoning of
State v. Adams, supra, State v. Johnston, supra,
and
State v'. Kilborn, supra,
defendant’s sentence “resulted from” the
negotiated agreement with
Affirmed.
