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STATE v. JOHNSON

C062629CR; A137581.

260 P.3d 782 (2011)

244 Or. App. 574

STATE of Oregon, Plaintiff-Respondent, v. Ryan Taylor JOHNSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 3, 2011.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Appellate Division, Office of Public Defense Services.

Tiffany Keast , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

WOLLHEIM, J.

Defendant was convicted of robbery in the second degree. On appeal, he raises two assignments of error: (1) that the trial court erred in denying his motion to suppress statements he made to sheriff's deputies after receiving Miranda warnings because the deputies had previously questioned him without first giving him those warnings; and (2) that the trial court imposed an unconstitutionally cruel and unusual...

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