[DOWNLOAD] "Oregon V. Kephart" by Supreme Court of Oregon # Book PDF Kindle ePub Free

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eBook details

• Title: Oregon V. Kephart
• Author : Supreme Court of Oregon
• Release Date : January 16, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

In this criminal case, we are faced with the limited question of the appellate reviewability of a criminal sentence.  Defendant argued to the Court of Appeals that the trial Judge improperly applied the state sentencing guidelines to his offenses.  Defendant then argued that, due to this allegedly improper application of the sentencing guidelines, the Court of Appeals had authority to review the sentence under ORS 138.222(4) *fn1, notwithstanding any limitations on that authority provided by ORS 138.222(2) (1989). *fn2  The state argued to the Court of Appeals that defendant's sentence resulted from an "agreement" approved by the trial court and that the Court of Appeals therefore had no authority to review defendant's sentence under ORS 138.222(2)(d) (1989). *fn3  The state moved for summary affirmance on that basis.  The Court of Appeals granted the state's motion and affirmed the trial court judgment for lack of reviewability.

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