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STATE v. MERCADO-VASQUEZ

(963549C2; CA A98925).

998 P.2d 743 (2000)

166 Or. App. 15

STATE of Oregon, Appellant, v. Jesus Enriq MERCADO-VASQUEZ, Respondent.

Court of Appeals of Oregon.

Decided March 8, 2000.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Jesse Wm. Barton, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

DEITS, C.J.

The state appeals from a judgment imposing two concurrent 16-month sentences on defendant's convictions for rape in the second degree. ORS 163.365. The state contends that the trial court erred in concluding that imposition of the statutorily required 75-month mandatory minimum sentences for these crimes would constitute cruel and unusual punishment under Article I, section 16, of the Oregon Constitution.1 For the following...

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