State v. Wilson

Defendant was convicted of one count of first-degree sexual abuse, ORS 163.427(l)(a)(A), and received a sentence of 75 months as prescribed by ORS 137.700(2)(a)(P) (Measure 11). Defendant’s entire defense rested on the assertion that he could not appreciate the criminality of his conduct and that he was not competent to stand trial. The court rejected that contention. At sentencing, the court announced that it was “very troubled” by the need to impose the 75-month sentence, but stated that it lacked the discretion to do anything else. Defendant now appeals his sentence, arguing that, in…