State v. Kephart

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) 1 , notwithstanding any limitations on that authority provided by ORS 138.222(2) (1989). 2 The state argued to the Court of Appeals that defendant’s sentence resulted from…