State v. Rivera

A jury found defendant guilty of first-degree rape, ORS 163.375(l)(a), for raping his wife by forcible compulsion. Defendant received a mandatory 100-month prison sentence for his crime. ORS 137.700(2)(a)(J) (setting a mandatory minimum sentence of 100 months’ imprisonment for first-degree rape under ORS 163.375(l)(a)). On appeal, defendant urges us to remand for resentencing because the trial court did not have the benefit of the Supreme Court’s opinion in State v. Rodriguez/Buck, 347 Or 46, 217 P3d 659 (2009), which clarified the test for assessing the proportionality of a sentence for…