Mandatory minimum sentences for certain juvenile offenders waived to adult court
- lesser included offenses
- return to juvenile court
Source:
Section 137.707 — Mandatory minimum sentences for certain juvenile offenders waived to adult court; lesser included offenses; return to juvenile court, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html
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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
Due process requires juvenile court to hold hearing to determine that defendant should be remanded to adult court only when state’s statutory scheme grants juvenile court discretion to determine appropriateness of remand. State v. Gaige, 304 Or App 471, 468 P3d 532 (2020), Sup Ct review denied
Law Review Citations
82 OLR 1 (2003); 52 WLR 61 (2015); 23 LCLR 465 (2019)