State v. Sullivan

Defendant, who was convicted of several crimes after he entered sax Alford plea, 1 appeals pursuant to ORS 138.050, asserting that his sentences exceed the maximum allowable by law. In particular, defendant asserts that (1) under the reasoning of Blakely v. Washington, 542 US _, 124 S Ct 2531, 159 L Ed 2d 403 (2004), the trial court’s imposition of an upward departure sentence on defendant’s conviction for delivery of a controlled substance to a minor, ORS 475.995, was unconstitutional; and (2) the trial court erred in imposing a 60-month probationary sentence on defendant’s conviction for…