State v. Mercer

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 02-11-2015
  • Case #: A153015
  • Judge(s)/Court Below: Lagesen, P.J. for the Court; Garrett, J.; & Wollheim, S.J.
  • Full Text Opinion

The rule for initiative measures requires that a proposed law or amendment to the Constitution shall embrace one subject only and matters properly connected therewith.

Defendant appealed his conviction of driving under the influence of intoxicants (DUII). Defendant’s conviction was treated as a Class C felony under section 3 of Measure 73 because he already had two prior DUII convictions. Before trial, Defendant objected to the application of Measure 73. The court disagreed and the defendant was convicted. On appeal, Defendant again argued against the application of Measure 73 because it was submitted to the voters in violated Article IV, section 1(2)(D). The Court held that there was a single unifying principle connecting the provisions of Measure 73 and was not adopted in violation of Article IV, section 1(2)(d). Affirmed.

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