State v. Cook

In these four appeals, which we have consolidated for decision, each defendant has appealed from a sentence that is conceded to be within the presumptive range of the sentencing guidelines. ORS 137.010; OAR 253-04-001. The state has moved to dismiss each appeal. It argues that, because each sentence is within the presumptive range, they are not subject to review.

As part of the sentencing guidelines, the legislature enacted ORS 138.222(7), which allows either the state or the defendant to appeal from “ajudgment of conviction based on the sentence [imposed under the guidelines] * * * subject to…