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Phenix v. Gladden

Oregon Supreme Court
Jun 26, 1968
443 P.2d 176 (Or. 1968)

Opinion

Argued June 12, Affirmed June 26, 1968

Appeal from Circuit Court, Marion County.

GEORGE A. JONES, Judge.

AFFIRMED.

Kenneth C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. On the brief was Lawrence A. Aschenbrenner, Public Defender, Salem.

Helen B. Kalil, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief was Robert Y. Thornton, Attorney General, Salem.

Before SLOAN, Presiding Justice, and GOODWIN and HOLMAN, Justices.


Plaintiff appeals from a decision of the trial court denying post-conviction relief. The sole cause for relief argued on appeal is the length of the sentence imposed on plaintiff.

We think it unnecessary to state the facts and arguments. The sentence imposed, although seemingly long, does not appear to have been "due to improper motives or so greatly disproportionate to the circumstances in the commission of the offense as to shock the conscience of fair-minded men." State v. Montgomery, 1964, 237 Or. 593, 595, 392 P.2d 642, 643.

Judgment affirmed.


Summaries of

Phenix v. Gladden

Oregon Supreme Court
Jun 26, 1968
443 P.2d 176 (Or. 1968)
Case details for

Phenix v. Gladden

Case Details

Full title:MICHAEL D. PHENIX, Appellant, v. GLADDEN, Respondent

Court:Oregon Supreme Court

Date published: Jun 26, 1968

Citations

443 P.2d 176 (Or. 1968)
443 P.2d 176

Citing Cases

State v. Birden

The sentence was not disproportionate to the offense. Phenix v. Gladden, 250 Or. 424, 443 P.2d 176 (1968);…