State v. Duff

Defendant appeals the sentence imposed by the trial court after defendant’s guilty plea to sodomy in the first degree, contending that the term of incarceration with a minimum of seven years constitutes cruel and unusual punishment, and that the trial court was without authority to impose restitution as a condition of defendant’s future parole. We consider only the second contention.

The sentencing order insofar as relevant, reads:

"THE COURT RECOMMENDS, upon release on parole, a condition of parole be reimbursement to Clackamas County for extradition costs in the amount of $902.45.”

Although it…