STATE v. DUFF

No. 80-9-343; CA A20244.

635 P.2d 679 (1981)

STATE of Oregon, Respondent, v. David George DUFF, Appellant.

Court of Appeals of Oregon.

Decided November 9, 1981.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause, for respondent. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.


PER CURIAM.

Defendant appeals the sentence imposed by the trial court after defendant's guilty plea to sodomy in the first degree, contending that the term of incarceration with a minimum of seven years constitutes cruel and unusual punishment, and that the trial court was without authority to impose restitution as a condition of defendant's future parole. We consider only the second contention.

The sentencing order insofar as relevant, reads:

"THE...

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