State v. Wiese

Defendant appeals a judgment of conviction for two counts each of sodomy in the first degree, ORS 163.405, and sexual abuse in the first degree, ORS 163.427, and one count of rape in the first degree, ORS 163.375. He assigns error to the trial court’s imposition of concurrent sentences of 300 months for each count of sodomy and rape, arguing that those sentences are disproportionate to the offenses and are cruel and unusual punishment in violation of Article I, section 16, of the Oregon Constitution and the Eighth Amendment to the United States Constitution. For the reasons stated below, we…