State v. Evans

After a trial to the court, defendant was convicted of two counts of contributing to the delinquency of a minor and two counts of burglary in the first degree. ORS 163.435; ORS 164.225. The trial court refused to apply the sentencing guidelines, because he believed that they violate the Oregon Constitution. He sentenced defendant to 10 years imprisonment with a mandatory minimum of 2 years.

The state concedes that the trial court erred in failing to apply the guidelines, see State v. Spinney, 109 Or App 573, 820 P2d 854 (1991); see also State v. Christman, 115 Or App 364, 838 P2d 1087 (1992),…