State v. Spinney

This is a challenge to the constitutionality of Oregon’s Sentencing Guidelines (guidelines). The question is whether the guidelines violate Article I, section 15; Article I, section 16; or Article III, section 1, of the Oregon Constitution.

Defendant was convicted of first degree burglary, ORS 164.225, and second degree kidnapping. ORS 163.225. Under the guidelines, he had a sentencing grid classification of 9-C. The trial court found “no substantial and compelling reasons” to impose a departure sentence. OAR 253-08-001. Pursuant to the guidelines, defendant was sentenced to 56 months in…