State v. Davilla
| Decision Date | 14 July 1993 |
| Parties | STATE of Oregon, Respondent, v. Todd Daniel DAVILLA, Appellant. 92-4; CA A74228. |
| Court | Oregon Court of Appeals |
Wm. Timothy Lyons, Oregon City, argued the cause and filed the brief for appellant.
Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.
De MUNIZ, Judge.
Defendant pled guilty to murder, burglary in the first degree, and attempted rape in the first degree. ORS 163.115; ORS 164.225; ORS 161.405; ORS 163.375. He appeals from the sentences imposed of life imprisonment, followed by consecutive sentences. We affirm.
Defendant was 16 years old on August 13, 1991, when he attempted to rape the victim and then murdered her, nearly decapitating her. He was originally charged by petitions filed in juvenile court with committing offenses which, if committed by an adult, would constitute the crimes of aggravated murder (four counts), murder (one count), burglary in the first degree (five counts) and attempted rape in the first degree (two counts). On August 22, the state filed a motion to remand the case to circuit court. Between then and the hearing on January 14 and 15, 1992, defendant and the state engaged in negotiations that resulted in defendant agreeing to plead guilty to murder in exchange for the state's agreement not to prosecute the charges of aggravated murder.
At the January hearing, the court considered the motion to remand. Defendant informed the court that he had decided not to contest the motion. The court explained to defendant that, if he changed his mind "at some later date about the wisdom of this decision, it would be too late." Defendant indicated that he understood. The state then presented evidence, and the hearing was continued to the following day.
On the second day, the court entered findings and remanded defendant. Defendant then waived his right to a grand jury. The hearing proceeded to arraignment on the district attorney's information charging defendant with the three offenses. As part of the agreements between defendant and the state, defendant elected to go forward at the same hearing and presented the court with his petition to enter pleas of guilty, as well as an exhibit, which outlined the agreements. In an extended colloquy with defendant, the court then reviewed and explained the consequences of a decision to plead guilty based on the petition. The court explained that, if defendant pled guilty, there was a strong possibility that he would never be out of confinement. Defendant then pled guilty to each charge.
The negotiations between the state and defendant resulted in an agreement in which, in exchange for defendant's plea of guilty, the state agreed not to bring charges of aggravated murder. Defendant acknowledged that the state would make no sentencing concessions on the charges of murder and burglary and would not ask for additional incarceration on the rape charge.
After the negotiations and agreement were presented to the court, it imposed the sentences challenged here. Under ORS 138.222(2)(d), we may not review a sentence that has resulted from a plea agreement. State v. Adams, 315 Or. 359, 847 P.2d 397 (1993). The sentences here resulted from the plea agreement that removed the possibility that defendant would have to stand trial on charges of aggravated murder and that the state would have to prosecute those charges. We may not review the claimed errors. See State v. Tanner, 121 Or.App. 104, 854 P.2d 941 (1993); State v. Kilborn, 120 Or.App. 462, 852 P.2d 935 (...
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State v. Davilla
...to impose an indeterminate sentence of life imprisonment on the murder conviction. On direct appeal, we affirmed. State v. Davilla , 121 Or.App. 583, 855 P.2d 1160, adh'd to on recons . , 124 Or.App. 87, 860 P.2d 894 (1993), rev. den. , 318 Or. 351, 870 P.2d 220 (1994) (concluding that, und......
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State Of Or. v. Davilla
...court proceeded under ORS 163.115(3)(a) (1989) and sentenced defendant to life imprisonment. On appeal, we affirmed. State v. Davilla, 121 Or.App. 583, 855 P.2d 1160, adh'd to on 124 Or.App. 87, 860 P.2d 894 (1993), rev. den., 318 Or. 351, 870 P.2d 220 (1994) ( Davilla I ). Defendant then p......
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State v. Davilla
...years old on August 13, 1991, when he attempted to rape the victim and then murdered her, nearly decapitating her." State v. Davilla , 121 Or. App. 583, 585, 855 P.2d 1160, adh’d to on recons. , 124 Or. App. 87, 860 P.2d 894 (1993), rev. den. , 318 Or. 351, 870 P.2d 220 (1994). "He was orig......
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State v. Davilla
...and State v. Adams, 315 Or. 359, 847 P.2d 397 (1993), we could not review his claimed errors on direct appeal. State v. Davilla, 121 Or.App. 583, 586, 855 P.2d 1160, adhered to on recon., 124 Or.App. 87, 89, 860 P.2d 894 (1993), rev. den. 318 Or. 351, 870 P.2d 220 (1994).Defendant then soug......