Oregon Appellate Ct - Dec. 31, 2014

by: Abassos, Frangieringer and Nicholas Rischiotto • January 2, 2015 • no comments

Felony DUII - 90 Day Minimum is Mandatory

A trial court is not permitted to suspend execution of, or reduce in any way, the 90 day mandatory minimum sentence for felony DUII. In reference to the 90 days, ORS 813.011(3) uses the language "shall be sentenced", "mandatory minimum term" and "without reduction for any reason". The legislative history of 2010 Measure 73 confirms the plain language of the statute by indicating that the measure would cause "at least 90 days" to be imposed for a felony DUII. Note, however, that the court does not consider an argument proposed by OPDS in an amicus brief that ORS 813.011(3) is unconstitutional because it was enacted in violation of the single subject rule. (see fn 1). State v Urie, 268 Or App ___ (2014).