Opinion
95-04-32421; CA A92410
Argued and submitted December 23, 1997 Resubmitted en banc September 16, 1998
Affirmed December 9, 1998
Appeal from Circuit Court, Multnomah County.
Kimberly C. Frankel, Judge.
Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.
Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.
PER CURIAM
Affirmed.
Defendant was convicted of assault in the second degree. The trial court imposed a sentence of 70 months pursuant to Measure 11 and a post-prison supervision period of 36 months. On appeal, defendant argues that the Measure 11 sentence imposed for the crime of assault in the second degree offends the proportionality provision of Article I, section 16, of the Oregon Constitution, and that Measure 11 violates her federal constitutional rights to equal protection, to be free from cruel and unusual punishments, to counsel, to allocution, and the guarantee to a republican form of government. For the reasons stated in State v. Ferman-Velasco, 157 Or. App. 415, ___ P.2d ___ (1998), we affirm the trial court.
Affirmed.
I dissent for the reasons stated in my dissent in State v. Ferman. Velasco, 157 Or. App. 415, 424 ___ P.2d ___ (1998).
Armstrong and Wollheim, JJ., join in this dissent.