State Ex Rel. Caleb v. Beesley

This is an original mandamus proceeding arising out of sentences imposed in the criminal cases of State v. Soloman (CC 95-2337CR) and State v. Pate (CC 95-1765CR). In each case, defendant, a circuit court judge, refused to impose the mandatory minimum sentences mandated by Ballot Measure 11 (1994) (Measure 11) and by ORS 137.700(2)(c) (1995). Defendant ruled that Measure 11 is facially unconstitutional under several provisions of the Oregon Constitution. For the reasons that follow, we disagree. Accordingly, we direct the issuance of peremptory writs of mandamus requiring defendant to enter…