Judgment and Execution
Mandatory minimum sentences for certain juvenile offenders waived to adult court
- lesser included offenses
- return to juvenile court
Notes of Decisions
Mandatory minimum sentence of 75 months for sexual abuse committed by minor with no previous record was not unconstitutionally disproportionate punishment. State v. Rhodes, 149 Or App 118, 941 P2d 1072 (1997), Sup Ct review denied
Where defendant over age 18 is tried for offense committed while juvenile, conviction on lesser included offense does not result in transfer of matter to juvenile court for disposition. State v. Pike, 177 Or App 151, 33 P3d 374 (2001), Sup Ct review denied
For purposes of calculating age of person at time of offense, person is considered to have attained higher age at midnight commencing person's birthday. Coley v. Morrow, 183 Or App 426, 52 P3d 1090 (2002), Sup Ct review denied
Law Review Citations
82 OLR 1 (2003); 52 WLR 61 (2015)
Notes of Decisions
Mandatory sentences for violent crimes do not violate Oregon Constitution Article III, section 1 (separation of powers); pre-1996 version of Article I, section 15 (no vindictive justice); or Article I, section 16 (cruel and unusual punishment). State ex rel Caleb v. Beesley, 326 Or 83, 949 P2d 724 (1997)
Sentencing disparity between crimes bearing mandatory minimum sentence and other crimes in same block of sentencing guidelines grid does not violate proportionality requirement of section 16, Article I of Oregon Constitution. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)
Mandatory minimum sentencing scheme does not violate guarantee under United States Constitution concerning cruel and unusual punishment, right to allocution or right to counsel. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)