Opinion

State v. Brown

  • 296 Or. 458
  • 676 P.2d 877
  • 1984 Ore. LEXIS 1061
Court
Oregon Supreme Court
Filed
Feb 15, 1984
Status
Published
Author
Jones
On the bench
Jones
Cited by
7 cases
Authority
More cited than 86.9%

The opinion

*460

JONES, J.

The defendant in this case was convicted of two counts of sodomy in the first degree. He was sentenced to two 20-year terms of imprisonment with a five-year minimum term of imprisonment on each count to run consecutively with each other and consecutively with the sentences imposed in the companion case,

State v. Brown,

296 Or 461 , 676 P2d 877 (1984). The net effect of the sentences arising from both cases is that the defendant was sentenced for a total of 60 years’ imprisonment with 15 years minimum imposed under ORS 144.110(1). He challenges the minimum terms imposed.

We restricted review in this case and the companion case,

State v. Brown, supra,

to the issue of whether the minimum sentences imposed under ORS 144.110(1) violated the proportionality requirement of the general purpose of our criminal code, ORS 161.025; Article I, Section 16, of the Oregon Constitution; or the Eighth Amendment to the United States Constitution. They do not.

See, State v. Turner,

296 Or 451 , 676 P2d 873 (1984).

We affirm the Court of Appeals.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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