State v. Lewis

Pursuant to ORS 138.222(7), the state appeals the sentence imposed after defendant was convicted of assault in the first degree with a firearm, ORS 163.185, for an offense committed in July 1995. The court found that defendant came within grid block 10-1 on the sentencing guidelines grid, with a presumptive term of incarceration of 58-60 months. However, the court imposed sentence of 90 months, pursuant to ORS 137.700, the codification of Ballot Measure 11, adopted by the people in 1994. Rejecting the state’s argument, the court concluded that ORS 137.700 “replaced” the sentencing guidelines…