State v. Dixon

The defendant pleaded guilty to a violation of ORS 163.210 (rape) and appeals from a judgment of imprisonment for “an indeterminate term not to exceed his natural life.”

After a plea of guilty, only the excessiveness or illegality of the sentence may be considered upon an appeal. ORS 138.050; State v. Jairl, 229 Or 533, 541-542, 368 P2d 323 (1962). A sentence may be excessive because it is beyond the maximum statutory penalty, or because it is “cruel or unusual.” State v. Montgomery, 237 Or 593, 392 P2d 642 (1964). A sentence may also be attacked at any time if the statute under which it is…