Offenses requiring imposition of mandatory minimum sentences
Source:
Section 137.700 — Offenses requiring imposition of mandatory minimum sentences, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html
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Notes of Decisions
Pre-1995 amendments
Filing of delinquency petition in juvenile court and seeking remand is not required where juvenile is charged with listed crime. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied
Where juvenile is convicted of listed crime, ORS 161.620 prohibition against mandatory minimum sentence for juvenile does not apply. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied
Minimum-sentence requirement does not violate constitutional provisions regarding equal protection, right of allocution, reformative purpose or separation of powers. State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145 (1997)
In general
Minimum-sentence requirement does not violate constitutional provision against disproportionate sentences. State v. George, 146 Or App 449, 934 P2d 474 (1997)
Prohibition against reducing incarceration period by allowing post-prison supervision does not conflict with Oregon Criminal Justice Commission rule requiring that incarceration period be followed by post-prison supervision period. State v. Lewis, 150 Or App 257, 945 P2d 661 (1997)
In cases involving consecutive sentences that include incarceration for described offenses, court must first impose mandatory minimum sentence prescribed for described offenses, then limit imposition of consecutive sentences for all other offenses to not exceed greater of mandatory minimum term of incarceration under this section or sentencing guidelines maximum available term for consecutive sentences. State v. Langdon, 151 Or App 640, 950 P2d 410 (1997), aff’d 330 Or 72, 999 P2d 1127 (2000); State v. Skelton, 153 Or App 580, 957 P2d 585 (1998), Sup Ct review denied; State v. Quintero, 160 Or App 614, 982 P2d 543 (1999); State v. Sullivan, 172 Or App 688, 19 P3d 1001 (2001)
Where mandatory minimum sentence exceeds maximum guidelines sentence, minimum sentence requirement supersedes sentencing guidelines limit. State v. Ferman-Velasco, 157 Or App 415, 971 P2d 897 (1998), aff’d 333 Or 422, 41 P3d 404 (2002)
Sentence beyond mandatory minimum sentence is subject to reduction absent substantial and compelling reasons on record. State v. Dallavis, 294 Or App 567, 432 P3d 282 (2018), Sup Ct review denied
Law Review Citations
82 OLR 1 (2003); 23 LCLR 465 (2019)