STATE v. BAKER

(CC 05FE0977MS; CA A132245; SC S055809).

202 P.3d 174 (2009)

346 Or. 1

STATE of Oregon, Respondent on Review, v. Bryan Timmothy BAKER, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided February 12, 2009.


Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Paul L. Smith, Assistant Attorney-in-Charge, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.


KISTLER, J.

The question in this case is whether a criminal defendant who pleads guilty may claim on direct appeal that his or her sentence is unconstitutionally disproportionate. The Court of Appeals held that a defendant may not do so and, applying that rule, issued an order dismissing defendant's appeal. We allowed defendant's petition for review and now reverse the Court of Appeals order and remand for further proceedings.

The state charged defendant with...

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