STATE v. ALWINGER

06C50666; A137479.

217 P.3d 692 (2009)

231 Or. App. 11

STATE of Oregon, Plaintiff-Respondent, v. Joshua ALWINGER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 23, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Robin A. Jones, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Anna M. Joyce and Robert M. Atkinson, Assistant Attorneys General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and RIGGS, Senior Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for unlawful sexual penetration in the first degree. ORS 163.411(1)(b). His sole assignment of error is that the trial court erred in imposing a mandatory minimum sentence of 300 months of incarceration. He argues that the sentence violates the proportionality guarantees of both the state and federal constitutions. We affirm.

The relevant facts are not in dispute. Defendant lived with Brophy for a short...

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