State v. Cloutier

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(l)(a), which provides that a defendant who has pleaded guilty may appeal after making a colorable showing that the sentence “[e]xceeds the maximum allowable by law.” The state sought review, arguing that, because defendant’s sentence is well within the…