STATE v. FERMAN-VELASCO

(C952773CR; CA A95127; SC S46172)

41 P.3d 404 (2002)

333 Or. 422

STATE of Oregon, Respondent on Review, v. Carlos Roberto FERMAN-VELASCO, Petitioner on Review.

Supreme Court of Oregon.

Decided February 28, 2002.


Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for petitioner on review. Also on the petition and brief was David E. Groom, Public Defender for Oregon, Salem.

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

Emily Simon, Portland, filed a brief of amicus curiae for Juvenile Rights Project, Inc.

David T. McDonald, Portland, filed a brief of amicus curiae for Parents Against Cruel and Unusual Punishment.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.


CARSON, C.J.

In this criminal case, defendant claims that his mandatory minimum sentences, which the trial court imposed under ORS 137.700 (popularly known as Ballot Measure 11 (1994)),1 offend certain provisions of the state and federal constitutions. He also argues that the trial court erred when it ordered him to pay some of the prosecution's witness fees. A divided Court of Appeals, sitting en banc, rejected all defendant's arguments...

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