Oregon v. Davidson
Annotate this CaseDefendant Dennis Davidson was sentenced to life without the possibility of parole under for his convictions for public indecency, a Class C felony, because he had been sentenced for felony sex crimes at least twice before sentencing for the current crimes. The Oregon Supreme Court held that that sentence was unconstitutionally disproportionate as applied to defendant’s offenses, and it remanded the case to the trial court for resentencing. The trial court concluded on remand that it was permitted to sentence defendant to any term of imprisonment short of life imprisonment without the possibility of parole. The Court of Appeals reversed, holding that, under ORS 137.719, in the circumstances, the trial court was required to impose a departure sentence in conformity with Oregon’s felony sentencing guidelines. Finding no reversible error, the Supreme Court affirmed the Court of Appeals.
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