State v. Cloutier, 261 P.3d 1234

Defendant pleaded no contest to a misdemeanor DUII and entered diversion.
Diversion was terminated for failure to complete the program, resulting in a judgment of conviction and a sentence including a fine.
The mandatory minimum fine for misdemeanor DUII was $1,000; the court imposed $1,100, explaining $100 was for the plea at diversion.
Defendant challenged the lawfulness of the fine as exceeding the statutory minimum due to exercising the no contest right.
The state argued Court of Appeals lacked jurisdiction under ORS 138.050 to hear a challenge not alleging cruel and unusual punishment, since the fine was within statutory maximum.
The Oregon Supreme Court ultimately held ORS 138.050(1)(a) does not authorize review of a sentence based on due process grounds; the appeal was outside jurisdiction and remanded to dismiss the appeal for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ORS 138.050(1)(a) permits review of a sentence challenged on due process grounds.	State: reading the statute narrowly; only statutory maximums are relevant.	Cloutier: the sentence exceeds the maximum allowable by law because the process violated due process.	No; ORS 138.050(1)(a) does not cover due process challenges to sentence.

State v. Ridder, 185 Or. 134, 202 P.2d 482 (1949) (Or. 1949) (limits on excessiveness review within statutory maximums)
State v. Jairl, 229 Or. 533, 368 P.2d 323 (1962) (Or. 1962) (OR 138.040 prior to ORS 138.050 scope analysis)
State v. Dinkel, 34 Or. App. 375, 579 P.2d 245 (1978) (Or. App. 1978) (1985 amendment and scope of ORS 138.050 explained)
State v. Biles, 287 Or. 63, 597 P.2d 808 (1979) (Or. 1979) (broadened review under 1977 amendments to ORS 138.050)
State v. Clevenger, 297 Or. 234, 683 P.2d 1360 (1984) (Or. 1984) (limits on review of procedural errors under ORS 138.050)