State v. Peters

EDMONDS, J.,

specially concurring.

The majority correctly says that defendant’s appeal is governed by ORS 138.050, which provides that an appeal from a sentence on a plea of guilty or no contest shall only be on the grounds that the sentence exceeds the maximum allowable by law or is unconstitutionally cruel and unusual. However, the majority errs when it holds that defendant does not make a claim that his sentences exceed the maximum allowed by law.

*585Defendant argues:

“The trial court erred in modifying Defendant’s original sentences, by imposing a minimum term of two-and-one-half years, after…