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STATE v. RODRIGUEZ/BUCK

(CC C051244CR; CA A131050; SC S055720), (CC 04102314; CA A131973; SC S055721).

217 P.3d 659 (2009)

347 Or. 46

STATE of Oregon, Respondent on Review, v. Veronica RODRIGUEZ, Petitioner on Review. State of Oregon, Respondent on Review, v. Darryl Anthony BUCK, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided September 24, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioners on review.

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

Kevin H. Kono and Timothy R. Volpert, Davis Wright Tremaine LLP, Portland, filed a brief and reply brief on behalf of amici curiae Boys & Girls Club of Portland and Oregon Education Association.

BALMER, J.

These two criminal cases, which we consolidated for argument and disposition, require us to interpret and apply the requirement in Article I, section 16, of the Oregon Constitution that "all penalties shall be proportioned to the offense."1

Veronica Rodriguez touched a 13-year-old boy when, standing behind him in a room with 30 to 50 other people, she brought the back of his head into contact with her clothed breasts...

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