State v. Heisser

The Lane County Grand Jury indicted defendant on four counts. The state and defendant plea bargained and agreed that defendant would enter guilty pleas to reduced charges. The court accepted defendants plea petition and the matter was scheduled for sentencing. A dispute arose at sentencing that the parties could not resolve. The trial court, over defendants objection, set aside defendants guilty pleas pursuant to ORS 135.365 and set the case for trial. Thereafter, defendant was convicted by a jury of the four counts in the indictment: one count of first-degree robbery, ORS 164.415; two counts of second-degree theft, ORS 164.045; and one count of unauthorized use of a vehicle, ORS 164.135. On appeal, defendant contends, among other assignments of error, that the trial court erred in setting aside his guilty pleas over his objection. We agree with that contention and therefore vacate defendants convictions and remand the case for reinstatement of his guilty pleas and for sentencing in accordance with his plea agreement.