State v. Jacob

Defendant was convicted three times of felonies involving the use or threatened use of firearms; the first conviction was in 1983, the second in 1991, and the third in 2002. Defendant received a five-year minimum sentence for the first felony and a 10-year minimum sentence for the second felony, under the applicable versions of ORS 161.610. The trial court that sentenced defendant on the third felony refused to impose a 30-year minimum sentence pursuant to ORS 161.610(4)(c) (2001) 1 because it concluded that defendant’s first “gun minimum” 2 conviction and sentence were constitutionally…