State v. DuBois

The state appeals from a judgment sentencing defendant to 36 months’ probation for the crime of second-degree assault, ORS 163.175, arguing that the trial court erred in imposing that sentence pursuant to the sentencing guidelines rather than the mandatory minimum sentence of 70 months’ incarceration required by ORS 137.700(2)(a)(G). For the following reasons, we remand for resentencing.

In State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145, cert den _ US _, 118 S Ct 557 (1997), the court considered the constitutionality of ORS 137.700 in a mandamus proceeding brought by the state…