State v. Wiese
238 Or. App. 426
Or. Ct. App.2010Background
- Wiese was convicted in a bench trial of two counts of first-degree sodomy, two counts of first-degree sexual abuse, and one count of first-degree rape.
- The court imposed concurrent sentences of 300 months for each count under ORS 137.700, establishing mandatory minimums.
- Defendant argues the 300-month sentences are disproportionate under Article I, section 16 of the Oregon Constitution and the Eighth Amendment, given no prior sexual-crime convictions and lack of serious injury to the victim.
- The victim was the defendant's 11-year-old stepdaughter, abused repeatedly for more than a year.
- The state contends the penalties align with the gravity of the crimes and that prior cases support similar sentences.
- On appeal, the court analyzes proportionality under three Rodriguez/Buck factors and affirms the sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the 300-month sentences disproportionate? | Wiese argues sentences are disproportionate under Article I, sec. 16. | Wiese contends lack of prior sex-crime convictions and no serious injury militate against the minimums. | Not disproportionate; sentences affirmed. |
Key Cases Cited
- State v. Rodriguez/Buck, 347 Or. 46 (2009) (three-factor test for disproportionate penalties)
- State v. Wheeler, 343 Or. 652 (2007) (rare circumstances required for cruel/unusual punishment)
- State v. Alwinger, 236 Or. App. 240 (2010) (upholds long sentence for child sexual offenses with limited physical injury)
- State v. Thompson, 328 Or. 248 (1999) (federal constitutional claims not reached without thorough analysis)