State v. Silverman

The state appeals from a judgment imposing 10-year probationary sentences on defendant on two counts of first-degree sexual abuse. ORS 163.427. The state argues that the trial court erred in ruling that the mandatory minimum prison sentences of 75 months required by ORS 137.700 (Measure 11) were unconstitutionally cruel and unusual and in imposing probationary sentences. We agree and reverse and remand.

Defendant was charged with two counts of first-degree sexual abuse and two counts of second-degree sodomy of a boy under the age of 14 and was charged with three counts of sexual abuse in the…