State v. Alwinger

Defendant petitions for reconsideration of our decision in this case on the ground that there has been a subsequent change in the relevant case law. ORAP 6.25(l)(d). In our prior decision, State v. Alwinger, 231 Or App 11, 217 P3d 692 (2009), we affirmed the trial court’s imposition of a legislatively prescribed 300-month prison term on a conviction for unlawful sexual penetration in the first degree. That sentence was imposed on the basis of ORS 137.700 (also known as “Jessica’s Law”), which requires a mandatory 25-year prison term for offenses committed against young children that involve…