Legal Opinion

State v. Shaw

Court of Appeals of Oregon

Decided January 27, 2010No. 06CR1416, A136011PublishedCited by 12 opinions

1Opinion of the Court

EDMONDS, S. J.

Defendant was convicted of first-degree rape, ORS 163.375(l)(b), and first-degree sexual abuse, ORS 163.427(l)(a)(A), of an 11-year-old girl. Those convictions carried with them certain mandatory sentences under ORS 137.700: Defendant received a sentence of 25 years’ imprisonment and lifetime post-prison supervision on the rape conviction, and a concurrent sentence of 75 months’ imprisonment on the sexual abuse conviction. On appeal, he challenges only the constitutionality of his sentence for first-degree rape, which he contends is disproportionate to his crime and constitutes…

2Cases cited5 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Kennedy v. LouisianaSupreme Court of the United States · 2008
  3. State v. Rodriguez/BuckOregon Supreme Court · 2009
  4. State v. WheelerOregon Supreme Court · 2007
  5. Bobo v. KulongoskiOregon Supreme Court · 2005

3Cited by12 opinions

  1. State v. MossmanSupreme Court of Kansas · 2012
  2. State v. AlwingerCourt of Appeals of Oregon · 2010
  3. Real v. NoothCourt of Appeals of Oregon · 2015
  4. State v. ThomasCourt of Appeals of Oregon · 2018
  5. State v. BonczkowskiCourt of Appeals of Oregon · 2025

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