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STATE v. SILVERMAN

(964914C2 and 970116C3; CA A99377)

977 P.2d 1186 (1999)

159 Or. App. 524

STATE of Oregon, Appellant, v. Samuel Arthur SILVERMAN, Respondent.

Court of Appeals of Oregon.

Decided April 14, 1999.

Attorney(s) appearing for the Case

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

Robert J. McCrea, Eugene, argued the cause for respondent. With him on the brief was Robert J. McCrea, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

De MUNIZ, P.J.

The state appeals from a judgment imposing 10-year probationary sentences on defendant on two counts of first degree sexual abuse. ORS 163.427. The state argues that the trial court erred in ruling that the mandatory minimum prison sentences of 75 months required by ORS 137.700 (Measure 11) were unconstitutionally cruel and unusual and in imposing probationary sentences. We agree and reverse and remand.

Defendant was charged with two counts...

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