State v. Harris

Defendant appeals a judgment of conviction on one count of first-degree burglary with a firearm, ORS 164.225, three counts of second-degree robbery, ORS 164.405, and two counts of second-degree kidnapping, ORS 163.225. The trial court imposed a 70-month mandatory minimum sentence on the robbery counts and a 60-month “gun-minimum” under ORS 161.610, because defendant had “used” a gun during the commission of the crimes. On appeal, defendant assigns error to the imposition of the mandatory minimum sentence on constitutional grounds and to the imposition of the gun-minimum sentence on the ground…