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STATE EX REL. CALEB v. BEESLEY

SC S43541 (Control), S43542.

949 P.2d 724 (1997)

326 Or. 83

STATE of Oregon ex rel Edwin I. CALEB, District Attorney for Klamath County, Plaintiff-Relator, v. Honorable Richard C. BEESLEY, Judge of the Circuit Court of the State of Oregon for Klamath County, Defendant.

Supreme Court of Oregon.

Decided November 28, 1997.

Attorney(s) appearing for the Case

Rives Kistler, Assistant Attorney General, Salem, argued the cause for relator. The briefs were filed by Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.

Phil Studenberg, Klamath Falls, argued the cause for defendant. With him on the briefs was Myron Gitnes.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

VAN HOOMISSEN, Justice.

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).1 Defendant ruled that Measure 11 is facially unconstitutional...

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