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STATE v. BUCK

04102314, A131973.

174 P.3d 1106 (2007)

217 Or. App. 363

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Darryl Anthony BUCK, Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

Robert M. Atkinson, 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. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

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

ROSENBLUM, J.

Following a bench trial, the trial court convicted defendant of one count of sexual abuse in the first degree, ORS 163.427, a Measure 11 offense, see ORS 137.700(2)(a)(P). However, the court concluded that, under the circumstances, the 75-month sentence prescribed by Measure 11 would be so disproportionate to the offense that it would violate Article I, section 16, of the Oregon Constitution. Accordingly, the court imposed a sentence of 17 months...

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