State v. Evans

Defendant entered a negotiated plea of no contest to a charge of rape in the second degree. He was found guilty and sentenced to the custody of the Corrections Division for an indeterminate term, not to exceed ten years, with a minimum term of five years. He appeals, contending that the trial court failed to state its reason for the sentence imposed, as required by ORS 137.120(2),1 and that the sentence was cruel and unusual. We reverse.

ORS 137.120(2) provides that when imposing an indeterminate sentence "[t]he court shall state on the record the reasons for the sentence imposed.” The court…