State v. Sanderlin

Defendant appeals a judgment convicting him of first-degree sodomy, ORS 163.405, and first-degree sexual abuse, ORS 163.427. On appeal, he contends that the mandatory 300-month prison term imposed by the trial court is unconstitutionally disproportionate under Article I, section 16, of the Oregon Constitution and constitutes cruel and unusual punishment under the Eighth Amendment to the United States Constitution. Before the trial court, defendant filed a sentencing memorandum in which, among other things, he asserted, citing State v. Rodriguez/Buck, 347 Or 46, 217 P3d 659 (2009), that the…