# State v. Brown

> Oregon Supreme Court · February 15, 1984 · 296 Or. 458

URL: https://www.frixlaw.com/law-library/cases/1316538

## Case

- **Full name:** STATE OF OREGON, Respondent on Review, v. GILBERT CLARENCE BROWN, Petitioner on Review
- **Court:** Oregon Supreme Court
- **Decided:** February 15, 1984
- **Citations:** 296 Or. 458; 676 P.2d 877; 1984 Ore. LEXIS 1061
- **Precedential status:** Published
- **Opinion:** Opinion by Jones
- **Judges:** Jones
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1316538

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1316538. Public record. Not legal advice.
