STATE v. HEISSER

(CC 200522450; CA A131308; SC S058335).

249 P.3d 113 (2011)

350 Or. 12

STATE of Oregon, Petitioner on Review, v. David Linn HEISSER, aka David Linn Dauphine, Respondent on Review.

Supreme Court of Oregon.

Decided March 10, 2011.


Attorney(s) appearing for the Case

Paul L. Smith , Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were John R. Kroger , Attorney General and Mary H. Williams , Solicitor General.

Robin A. Jones , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review. With her on the brief was Peter Gartlan , Chief Defender.

Before, DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.


DE MUNIZ, C.J.

The issue in this case is whether defendant and the state entered into a plea agreement, and if so, the terms of that agreement. The parties executed a written plea agreement providing that, at sentencing, the state was "free to seek [upward] departure sentences" within certain limits and, in turn, defendant was "free to seek presumptive sentences." At sentencing, defendant challenged the timeliness of the state's notice of intent to seek upward departure...

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