Oregon Supreme Court· 9/22/2016

State v. Davidson

Citations

360 Or. 370
380 P.3d 963

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concluding that life imprison- ment without the possibility of parole was unconstitutionally disproportionate as applied to the defendant, who had two prior felony convictions for public indecency, and who was con- victed of two counts of public indecency for exposing himself in a park
noting that, for purpose of eval- uating whether sentence is unlawfully disproportionate, criminal history includes “evidence of multiple instances of uncharged wrongful conduct,” “arrests,” and “unadjudicated charges”
defendant masturbated in a school playground, in a parking lot, and in a public park in the presence of others, among other things
find- ing that public indecency is “relatively minor in comparison with the majority of the other sex offenses identified in ORS 163A.005(5) that may result in a true-life sentence under ORS 137.719”
find- ing that public indecency is “relatively minor in comparison with the majority of the other sex offenses identified in ORS 163A.005(5) that may result in a true-life sentence under ORS 137.719”

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Judges: Brewer

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