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STATE v. DAVIDSON

(CC 11C43121) (SC S068231).

507 P.3d 246 (2022)

369 Or. 480

STATE of Oregon, Petitioner on Review, v. Dennis James DAVIDSON, Respondent on Review.

Supreme Court of Oregon.

Resubmitted January 25, 2022.

March 31, 2022.

Attorney(s) appearing for the Case

Michael A. Casper, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Ernest G. Lannet, Chief Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for respondent on review.

Before Walters, Chief Justice, and Balmer, Flynn, Duncan, Nelson, Garrett, and DeHoog, Justices.

In this case, defendant was sentenced to life without the possibility of parole under ORS 137.719 on his convictions for public indecency, a Class C felony, because he had been sentenced for felony sex crimes at least twice before sentencing for the current crimes. This court held that that sentence was unconstitutionally disproportionate...

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