State v. Shannon

The defendant pleaded guilty to a charge of burglary not in a dwelling, and appeals from a sentence to the penitentiary for a term not to exceed 10 years, the maximum provided by the applicable statute, ORS 164.240.

The defendant contends that he was not the principal actor in the perpetration of the crime, but only an accomplice, and that imposition of the maximum sentence violated Article I, Section 15, of the Oregon Constitution, which provides that laws for the punishment of crime “shall be founded on the principles of reformation, and not of vindictive justice.”

After a plea of guilty, the…