State v. Buckles

Under ORS 138.050(1), except as otherwise provided in ORS 135.335, concerning conditional pleas, a defendant who has plead guilty or no contest may take an appeal from a judgment or order described in ORS 138.053 only when the defendant makes a colorable showing that the disposition: (a) exceeds the maximum allowable by law; or (b) is constitutionally cruel and unusual.

Defendant appealed her conviction for misdemeanor driving under the influence of intoxicants (DUII). Defendant pleaded guilty and was convicted of DUII. Since the Defendant had three total DUII convictions, pursuant to ORS 813.400(2) and ORS 809.235(1)(b), the trial court was required to impose a lifetime driver’s license suspension. Defendant objected and argued that the lifetime suspension violated her substantive due process. The trial court denied the objection and imposed the lifetime suspension. Defendant appealed the constitutionality of the lifetime suspension and argued that it exceeded the maximum allowable. The Court concluded that, because the Defendant did not claim her sentence exceeded a statutory maximum, under ORS 138.050(1)(a), they did not have jurisdiction to hear the appeal. Appeal dismissed for lack of jurisdiction.