State v. Gee

Defendant has petitioned for reconsideration of our opinion, State v. Gee, 156 Or App 241, 965 P2d 462 (1998). We allow the petition, modify our opinion and adhere to it as modified.

Defendant was convicted of robbery in the first degree, and the trial court refused to impose the mandatory minimum term required by Ballot Measure 11 (1994), codified at ORS 137.700. The state then filed a petition for a peremptory writ of mandamus in the Oregon Supreme Court, which issued the writ and directed the trial court to impose the sentence required by ORS 137.700. On August 27,1997, the trial court…