Legal Opinion

State v. Dobash

Court of Appeals of Oregon

Decided December 27, 2006No. MI040631; A126495PublishedCited by 3 opinions

1Opinion of the CourtLandau, P. J.

Defendant appeals a judgment of conviction for theft in the second degree. ORS 164.045. His sole contention on appeal is that the sentence that the trial court imposed is unconstitutionally disproportionate, in violation of Article I, section 16, of the Oregon Constitution. We affirm.

The relevant facts are not in dispute. Defendant pleaded guilty to one count of theft in the second degree, ORS 164.045, a Class A misdemeanor. Defendant asked for a sentence of 18 months’ probation. The court sentenced defendant to supervised probation for four years. Defendant objected on the ground that the…

2Cases cited4 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Schriro v. SummerlinSupreme Court of the United States · 2004
  4. State v. KochCourt of Appeals of Oregon · 2000

3Cited by3 opinions

  1. State v. BarajasCourt of Appeals of Oregon · 2012
  2. Sexton v. PerssonCourt of Appeals of Oregon · 2014
  3. State v. ChaseCourt of Appeals of Oregon · 2011

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