Oregon v. DavidsonAnnotate this Case
Defendant Dennis Davidson was convicted of two counts of public indecency for exposing himself at a public park; because he had two prior felony convictions for public indecency, and the trial court found no ground for downward departure, defendant was sentenced consecutively on each count to life imprisonment without the possibility of parole under ORS 137.719(1). The Court of Appeals affirmed defendant’s convictions but held that the sentences violated Article I, section 16, of the Oregon Constitution. Defendant petitioned the Oregon Supreme Court for review, arguing that the Court of Appeals erred in upholding his convictions. The State also sought review, asserting: (1) that defendant’s sentences were unreviewable because they are “presumptive” sentences; and (2) that the sentences were not unconstitutionally disproportionate in light of the facts of this case and the circumstances of defendant’s previous crimes. After review, the Supreme Court affirmed defendant’s convictions, but concluded that the sentences were unconstitutionally disproportionate as applied to defendant. The case was remanded for resentencing.