State v. Carey-Martin

Courts use three factors to determine if a sentence is disproportionate under Article I, Section 16: (1) the severity of the penalty compared to the gravity of the offense, (2) the penalty at issue to the penalties for other related crimes, and (3) the defendant’s criminal history. State v. Rodriguez/Buck, 347 Or 46, 58, 217 P3d 659 (2009).

Defendant was convicted of several counts of using a child in a display of sexually explicit conduct, and sentenced to ORS 137.690, Oregon’s “Jessica’s Law.” Defendant assigned error to the trial court’s application of ORS 137.690. On appeal, Defendant argued that the sentences were disproportionately assigned to him, violating his Oregon constitutional rights under Article I, Section 16. In response, the State argued that Defendant’s conduct was severe enough that it would not create a moral shock in most reasonable people. Courts use three factors to determine if a sentence is disproportionate under Article I, Section 16: (1) the severity of the penalty compared to the gravity of the offense, (2) the penalty at issue to the penalties for other related crimes, and (3) the defendant’s criminal history. State v. Rodriguez/Buck, 347 Or 46, 58, 217 P3d 659 (2009). In applying these factors, the Court of Appeals held that Defendant’s sentence was disproportionate to his convictions. Reversed and remanded for resentencing.