State v. Brown

Oregon Supreme Court

State v. Brown

676 P.2d 877, 296 Or. 461, 1984 Ore. LEXIS 1060

CourtOregon Supreme Court

DecidedFebruary 5, 1984

DocketCR82-6-71, CR82-6-72, CR82-6-76, CA A27073, SC S30026

StatusPublished

Cited by5 cases

This text of 676 P.2d 877 (State v. Brown) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Brown, 676 P.2d 877, 296 Or. 461, 1984 Ore. LEXIS 1060 (Or. 1984).

Pincite

Opinion

JONES, J.

The defendant in this case was convicted of one count of rape in the first degree and two counts of sodomy in the first degree. We do not choose to describe the details of the criminal acts this defendant committed upon his eight-year-old daughter.

Defendant was sentenced to three 20-year terms of imprisonment with a five-year minimum term of imprisonment on each count to run concurrently. Defendant challenges the five-year minimum terms imposed under ORS 144.110(1).

We restricted review in this case and the companion case, State v. Brown, 296 Or 458, 676 P2d 877 (1984), to the issue of whether the minimum sentences imposed under ORS 144.110(1) violated the proportionality requirement of the general purpose of our criminal code, ORS 161.025; Article I, Section 16, of the Oregon Constitution; or the Eighth Amendment to the United States Constitution. See, State v. Turner, 296 Or 451, 676 P2d 873 (1984).

We affirm the Court of Appeals.

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