State v. Peddicord

The defendant entered a plea of guilty to an indictment by the grand jury charging him with violation of ORS 164.830, which provides a maximum punishment “by imprisonment in the penitentiary for not more than 20 years.”

The trial court imposed the maximum punishment. The defendant, alleging that the punishment inflicted is excessive, appeals.

ORS 138.050 provides as follows:

“A defendant who has plead guilty may take an appeal from a judgment on conviction where it imposes an excessive fine or excessive, cruel or unusual punishment. If the judgment of conviction is in the circuit court, the…