State v. James

Defendant plead guilty to illegal possession of heroin in violation of ORS 474.020 and was sentenced to serve a term of not to exceed 10 years in prison which is the maximum sentence provided for violation of the statute involved. On appeal he contends that the 10-year sentence constituted cruel and unusual punishment. He says his possession was occasioned by his addiction and that, therefore, he should be given treatment rather than imprisonment. Defendant admittedly had a lengthy record of prior convictions which, rightly or wrongly, he attributed to the necessity of stealing to support his…