State v. Albrich

The state appeals from the trial court’s refusal to impose the mandatory minimum sentence of 70 months for defendant’s conviction of robbeiy in the second degree under ORS 137.700, popularly known as Ballot Measure 11 (1994). We reverse.

Prior to sentencing, defendant filed a “demurrer” challenging imposition of a Measure 11 sentence on constitutional grounds. In other cases, the trial court had ruled that Measure 11 was unconstitutional. Anticipating that the court would agree with defendant, the state filed a memorandum in opposition to defendant’s “demurrer” but also agreed to a stipulated…