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STATE v. BAKER

05FE0977MS; A132245.

226 P.3d 125 (2010)

233 Or. App. 536

STATE of Oregon, Plaintiff-Respondent, v. Bryan Timmothy BAKER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 17, 2010.

Attorney(s) appearing for the Case

Ingrid Swenson, Executive Director, Peter Gartlan, Chief Defender, and David C. Degner, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and BREITHAUPT, Judge pro tempore.

WOLLHEIM, P.J.

Defendant appeals a judgment that imposed a sentence of 180 months in prison for his convictions on five counts of second-degree sexual abuse, ORS 163.425, and five counts of incest, ORS 163.525. He argues that the sentence is unconstitutionally disproportionate under Article I, section 16, of the Oregon Constitution. We review to determine whether the punishment is so disproportionate to the offense that it would shock the moral sense of reasonable...

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