Legal Opinion

State v. Hoover

Court of Appeals of Oregon

Decided June 20, 2012No. C090804CR; A144350PublishedCited by 6 opinions

1Opinion of the CourtSchuman, P. J.

After a bench trial, defendant was convicted of two counts of sexual abuse in the first degree and one count of first-degree sexual penetration, ORS lGS.dllflXb).1 On appeal, defendant does not contest his convictions for sexual abuse, but asserts that the trial court erred in denying his motion for judgment of acquittal on the count of sexual penetration (Count 2), and contends that the 300-month sentence imposed by the trial court for that conviction is disproportionate in violation of state and federal constitutional protections against cruel and unusual punishment. We affirm.

As pertinent,…

2Cases cited5 opinions

  1. State v. HallOregon Supreme Court · 1998
  2. State v. AlwingerCourt of Appeals of Oregon · 2010
  3. State v. HollywoodCourt of Appeals of Oregon · 1984
  4. State v. AlwingerCourt of Appeals of Oregon · 2009
  5. State v. GonzalesOregon Supreme Court · 2011

3Cited by6 opinions

  1. State v. ThomasCourt of Appeals of Oregon · 2018
  2. State v. McCombsCourt of Appeals of Oregon · 2024
  3. State of Iowa v. ZacariasSupreme Court of Iowa · 2021
  4. State of Iowa v. Zachary Tyler ZacariasSupreme Court of Iowa · 2021
  5. State v. GassnerCourt of Appeals of Oregon · 2021

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