State v. Godines

Defendant appeals a judgment of conviction on two counts of first-degree sodomy (Counts 1 and 3), ORS 163.405; two counts of first-degree sexual abuse (Counts 2 and 4), ORS 163.42; and one count of coercion (Count 9), ORS 163.275. He assigns error only to the trial courts imposition of mandatory minimum sentences under ORS 137.700 (1997) (Measure 11) on Counts 1 through 4. He does not challenge the lawfulness of his sentence on Count 9. Defendant, who was indicted when he was an adult, argues that the trial court did not have legal authority to impose mandatory minimum sentences under Measure 11 for criminal acts committed when he was a juvenile under 15 years of age. For the reasons that follow, we conclude that the alleged error is not preserved and is not apparent on the face of the record; accordingly, we affirm the judgment of the trial court.