DeBolt v. Cupp

THORNTON, J.,

specially concurring.

I concur in the result but am unable to agree in all respects with the analysis by which the prevailing opinion appears to conclude that petitioner could have raised the constitutionality of the sexually dangerous offender law on direct appeal in the 1961 proceeding after having pleaded guilty to the sodomy charge.

As I read ORS 138.050 and the prior decisions of this court,① it is my understanding that the only *556question which the appellate court is authorized to consider on direct appeal after a plea of guilty is “whether an excessive fine or excessive, cruel…