State v. Jackman

The state appeals from a judgment sentencing defendant to 60 months’ imprisonment for the crime of second-degree robbery pursuant to ORS 161.610, which provides for minimum sentences when a firearm is used. The state asserts that the sentencing court erred in failing to impose the 70-month mandatory minimum for the crime of second-degree robbery required by ORS 137.700(2)(a)(R). For the following reasons, we reverse and remand for resentencing under ORS 137.700.

ORS 137.700, popularly known as Ballot Measure 11 (1994), provides that a mandatory minimum sentence of 70 months be imposed on…