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STATE v. CLOUTIER

(CC D085162T; CA A143051; SC S059039).

261 P.3d 1234 (2011)

351 Or. 68

STATE of Oregon, Petitioner on Review, v. Adam Michael CLOUTIER, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 22, 2011.

Attorney(s) appearing for the Case

Jeremy C. Rice , Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Erica Herb , Deputy Public Defender, Office of Public Defense Service, Salem, argued the cause for respondent on review. With her on the brief was Peter Gartlan , Chief Defender.

LANDAU, J.

The issue in this criminal case is one of appellate jurisdiction: May a defendant who has pleaded no contest to a misdemeanor offense appeal the judgment of conviction to challenge his sentence on the ground that it violates the Due Process Clause of the federal constitution? The Court of Appeals held that it had jurisdiction under ORS 138.050(1)(a), which provides that a defendant who has pleaded guilty may appeal...

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