State v. Melillo

The state appeals from a judgment imposing a 38-month prison sentence for first-degree robbery. ORS 164.415(1). Despite the state’s request, the trial court refused to impose the 90-month sentence mandated by Ballot Measure 11 as codified in ORS 137.700(2)(q) (1995). We reverse and remand.

The state first argues that the trial court lacked authority to impose the 38-month sentence because it had been required previously by the Supreme Court to impose the 90-month sentence. The state’s argument is based on the following facts. Defendant was convicted of first-degree robbery for a crime that he…