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STATE v. HAYS

CC90-1063; CA A65288.

820 P.2d 39 (1991)

109 Or.App. 491

STATE of Oregon, Respondent, v. Larry Gene HAYS, Appellant.

Court of Appeals of Oregon.

Decided October 30, 1991.

Reconsideration Denied December 11, 1991.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Kaye E. Sunderland, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Defendant pled guilty to sodomy in the first degree, ORS 163.405, and was sentenced under the sentencing guidelines to 50 months in prison, a downward departure of 8 months from the presumptive sentence. He appeals from that sentence, claiming that it constitutes cruel and unusual punishment.

Appellate review is precluded by ORS 138.222(2)(d), which provides that there is no review of "[a]ny sentence resulting from an agreement between the state...

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