STATE v. WHEELER

(CC 200403014, 200409321; CA A126025 (Control), A126026; SC S054543).

175 P.3d 438 (2007)

343 Or. 652

STATE of Oregon, Respondent on Review, v. Dane Le WHEELER, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 28, 2007.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Portland, argued the cause and filed the briefs for petitioner on review.

Robert M. Atkinson, Assistant Attorney General, argued the cause and filed the briefs for respondent on review. With him on the briefs were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Robert Wilsey, Certified Law Student, Salem.


BALMER, J.

The issue in this criminal case is whether the life sentences that the trial court imposed on defendant violate the proportionality clause of Article I, section 16, of the Oregon Constitution, which provides that "all penalties shall be proportioned to the offense." A jury convicted defendant of 18 criminal charges, including sexual abuse, sodomy, and using a child in a display of sexually explicit conduct, based on conduct involving three boys between...

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