STATE v. HUTCHINSON

(982281; CA A103503)

9 P.3d 722 (2000)

169 Or. App. 264

STATE of Oregon, Respondent, v. Robert John HUTCHINSON, Appellant.

Court of Appeals of Oregon.

Decided August 2, 2000.


Attorney(s) appearing for the Case

Kimi Nam, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

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

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

Defendant appeals from his conviction for assault in the second degree. ORS 163.175. He argues that the grand jury indictment underlying his conviction was constitutionally defective because, at the time of the indictment, the only statute prescribing qualifications for grand jurors was suspended by the legislature. Defendant also challenges the trial court's imposition of a mandatory minimum sentence under Measure 11, rather than a lesser guidelines sentence...

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