State v. Jacob

BREITHAUPT, J. pro tempore,

dissenting.

In 1985, the legislature amended ORS 161.610 to provide that a person could be sentenced to a 30-year gun minimum sentence only if that person, on three separate occasions, admitted or was found by a factfinder to have used or threatened use of a firearm in the commission of a felony. Today, the majority ignores that legislative choice and instead deems defendant eligible to be sentenced to 30 years’ imprisonment even though defendant was only twice found by a factfinder to have used or threatened use of a firearm in the commission of a felony.1

The…