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STATE v. RODRIGUEZ

C051244CR; A131050.

174 P.3d 1100 (2007)

217 Or. App. 351

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Veronica RODRIGUEZ, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant-cross-respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jamesa J. Drake, Deputy Public Defender, argued the cause for respondent-cross-appellant. On the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Rankin Johnson, Rebecca Davis, and Emily Simon, Portland, filed the brief amicus curiae for Oregon Criminal Defense Lawyers Association.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

A jury convicted defendant of one count of sexual abuse in the first degree, ORS 163.427(1)(a)(A), a Measure 11 offense for which a mandatory minimum sentence of 75 months is prescribed by ORS 137.700(2)(a)(P). The trial court concluded that the prescribed sentence would amount to cruel and unusual punishment in violation of Article I, section 16, of the Oregon Constitution. The court instead imposed a sentence of 16 months, the minimum presumptive sentence...

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