State v. Rodriguez

A jury convicted defendant of one count of sexual abuse in the first degree, ORS 163.427(l)(a)(A), a Measure 11 offense for which a mandatory minimum sentence of 75 months is prescribed by ORS 137.700(2)(a)(P). The trial court concluded that the prescribed sentence would amount to cruel and unusual punishment in violation of Article I, section 16, of the Oregon Constitution. The court instead imposed a sentence of 16 months, the minimum presumptive sentence under the sentencing guidelines. The state appeals, assigning error to the court’s refusal to impose the Measure 11 sentence. Defendant…