State v. CERVANTES-AVILA

Defendant was convicted of, among other offenses, rape in the first degree with a firearm (Count 1), ORS 163.375; sodomy in the first degree with a firearm (Count 2), ORS 163.405; and unlawful use of a weapon (Count 3), ORS 166.220. Defendant was sentenced to two consecutive terms of 100 months’ imprisonment on Counts 1 and 2 under ORS 137.700 (Ballot Measure 11), and to 60 months’ imprisonment on Count 3 under the “gun minimum” statute, ORS 161.610. Defendant appeals, arguing that the trial court erred by imposing the 60-month gun minimum sentence consecutively to the Measure 11 sentences,…