State v. Lavert

The state appeals from a judgment imposing sentence on a felony conviction. Defendant was charged with two counts of robbery in the second degree involving the same victim and incident. ORS 164.405.1 Defendant was acquitted by a jury verdict on the first count, ORS 164.405(l)(a) (dangerous or deadly weapon), and convicted on the second count, ORS 164.405(l)(b) (aided by another). At the time of sentencing, the trial court refused to impose the 70-month minimum sentence mandated by Measure 11, which has been codified as ORS 137.707(4)(a)(R). The trial court ruled that the statute was…