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STATE v. RYAN

(CC 13C43883; SC S063857).

396 P.3d 867 (2017)

361 Or. 602

STATE of Oregon, Respondent on Review, v. Steven Levi RYAN, Petitioner on Review.

Supreme Court of Oregon.

June 22, 2017.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Susan Yorke , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Alexander A. Wheatley , Portland, filed the brief for amici curiae Fair Punishment Project and Oregon Justice Resource Center.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Brewer, and Nakamoto, Justices, and Baldwin, Senior Justice pro tem.

Defendant, who is intellectually disabled, makes an as-applied challenge to his 75-month mandatory minimum prison sentence for first-degree sexual abuse, ORS 163.427, on the ground that it violates Article I, section 16, of the Oregon Constitution, and the Eighth Amendment to the United States Constitution, which prohibit sentences that...

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