State v. Alwinger

Defendant appeals a judgment of conviction for unlawful sexual penetration in the first degree. ORS 163.411(l)(b). His sole assignment of error is that the trial court erred in imposing a mandatory minimum sentence of 300 months of incarceration. He argues that the sentence violates the proportionality guarantees of both the state and federal constitutions. We affirm.

The relevant facts are not in dispute. Defendant lived with Brophy for a short period of time. Defendant sometimes babysat Brophy’s children and her three-year-old grandchild. One morning, after the grandchild had been playing in…