State v. Brown

Defendant pleaded guilty to two felony counts of sexual abuse in the first degree, two felony counts of unlawful sexual penetration in the first degree, and one misdemeanor count of sexual abuse in the third degree. ORS 163.427; ORS 163.411; ORS 163.415. His sole assignment of error on appeal is that the trial court erred in sentencing him under ORS 137.700 (Measure 11) on one of his convictions for first-degree sexual abuse, because he committed the crime before the effective date of that statute. Defendant concedes that he did not raise that issue below, but asks that we review it as plain…