State v. Clanton

The state appeals a judgment imposing a probationary sentence on two felony convictions that are subject to mandatory minimum 75-month sentences under ORS 137.700(2)(p). The trial court declined to impose the mandatory minimum sentences on the ground that the statute is facially unconstitutional. The state argues that, in the light of the Supreme Court’s decision in State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145, cert den 118 S Ct 557 (1997), the case must be remanded for resentencing under ORS 137.700(2)(p).

At the outset, we must address whether the state’s appeal is reviewable.…