STATE v. SHOEMAKER

C97-0085CR; CA A97225.

965 P.2d 418 (1998)

155 Or. App. 416

STATE of Oregon, Respondent, v. James P. SHOEMAKER III, Appellant.

Court of Appeals of Oregon.

Decided August 5, 1998.


Attorney(s) appearing for the Case

Terrance Lee Hogan argued the cause and filed the brief for appellant.

Douglas F. Zier, Salem, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.

Before RIGGS, P.J., and LANDAU and WOLLHEIM, JJ.


LANDAU, Judge.

Defendant appeals a judgment of conviction of second-degree robbery. ORS 164.405. He argues that the 70-month minimum to which he was sentenced under ORS 137.707(4)(a)(R) is an unconstitutional, cruel and unusual punishment. We affirm.

Defendant, age 17, brandished a knife and demanded that the victim give him his money, ten dollars. Defendant was charged with first-degree robbery. ORS 164.415. He ultimately pleaded guilty to a lesser-included...

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