State v. Jones

Indicted for the crime of rape in the first degree, ORS 163.375,1 defendant was found guilty by a jury and, as a "dangerous offender,” sentenced to a term of imprisonment not to exceed 30 years. On appeal defendant initially argues that his conviction ought to be reversed, contending both that the state was permitted to introduce and rely upon evidence obtained in an unlawful manner, and that "forensic misconduct”2 on the part of the prosecutor denied him a fair trial. Defendant also contends that should his conviction be upheld the sentence imposed must be vacated for the reason that…