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2A THE DAILY ASTORIAN • TUESDAY, MARCH 27, 2018 State appeals ruling that blocked sentencing reform The Oregon Department of Justice filed a notice of its intent to appeal the ruling March 15. During the 2018 legislative session, lawmakers passed another bill, Senate Bill 1543, that was intended to hasten the case to the Oregon Supreme Court. Lawmakers said they wanted a quick ruling on the case so they could ensure sen- tencing uniformity between counties and to prepare for any increase or decrease in the prison population as a result of the court’s decision. Foote and the other plain- tiffs filed March 16 in the Court of Appeals to certify the case to the Oregon Supreme Court. “(T)he judgment is of con- cern to a great many people — not just people charged with identity theft and theft I, but also their lawyers and pros- ecutors, and the judges hear- ing their cases,” wrote Thomas Christ, the plaintiffs’ attor- ney. “Taxpayers, too, are con- cerned, because the sentenc- ing reductions in (House Bill) 3078 were intended to reduce incarcerations and thus save the state from the cost of build- ing a new women’s prison.” The Department of Justice “does not object to that request because the challenges to the constitutionality of (House Bill) 3078 have created a situ- Case could go straight to Supreme Court By PARIS ACHEN Capital Bureau SALEM — The state’s appeal of a Clackamas County Circuit Court decision to block sentencing reforms passed in 2017 could soon be headed to the Oregon Supreme Court. Clackamas County District Attorney John Foote and two crime victims from Oregon City and Sandy sued the state in November to stop enforce- ment of House Bill 3078. The law reduced sentences for identity theft and first-de- gree theft and was intended to help reduce the number of women sent to prison and avoid the expense of opening a second women’s prison. A panel of Clackamas Cir- cuit Court judges ruled in Feb- ruary that the legislation is unconstitutional because it was passed with only a simple majority vote. The mandatory sentences for those crimes were approved by voters in 2008 via Measure 57. The Oregon Constitution requires at least a two-thirds majority vote by each chamber of the Legislature to change the voter-approved sentences, the court ruled. ation where criminal sentences may be different from county to county,” said Department of Justice spokesman Kristina Edmunson. A defendant in Clacka- mas County and other coun- ties may receive a longer sen- tence than they likely would in counties that have not found the legislation to be unconsti- tutional, Edmunson said. “This creates a system of justice where the duration of a criminal sentence will depend not on the severity of the crim- inal conduct but on the judge’s perception of the constitution- ality of the underlying statute,” she said. “This exceptional sit- uation warrants immediate review by our highest court to avoid the unfairness of any uncertainty around the appro- priate sentence.” Senate Bill 1543 provides that the Supreme Court has jurisdiction to decide in any civil appeal filed between Jan. 1 and April 1 whether the sen- tencing reforms in House Bill 3078 violate any provision of the Oregon Constitution. The court “shall, to the extent prac- ticable, expedite its disposition of” such appeals. “This case meets that description. In fact, it’s the only one that does, and prob- ably ever will,” Christ wrote. That bill still needs Gov. Kate Brown’s signature to become law. FIVE-DAY FORECAST FOR ASTORIA TONIGHT WEDNESDAY THURSDAY 52 40 42 A little evening rain; otherwise, cloudy Tillamook 44/54 Times of sun and clouds Last New Apr 8 Salem 45/59 Newport 44/53 Coos Bay 45/57 First Apr 15 Apr 22 John Day 41/55 La Grande 40/55 Burns 33/56 Klamath Falls 31/60 Source: Jim Todd, OMSI TOMORROW'S TIDES Astoria / Port Docks Time 5:42 a.m. 6:26 p.m. Low 2.1 ft. -0.3 ft. W c c pc c sh pc c c c c Hi 58 58 64 59 51 60 68 58 53 56 Wed. Lo 32 31 46 36 42 30 39 39 39 41 W c c pc c c pc pc c c pc City Olympia Pendleton Portland Roseburg Salem Seaside Spokane Springfi eld Vancouver Yakima Hi 52 59 55 62 55 51 54 57 54 66 Today Lo 39 43 45 45 45 43 35 45 45 36 W r c c c c sh c c c pc Hi 55 59 57 64 59 52 53 61 56 64 Wed. Lo 38 40 42 41 38 41 33 37 41 38 W c c c c c c c c c c TOMORROW'S NATIONAL WEATHER NATIONAL CITIES Today Lo 51 34 38 30 30 40 43 10 65 47 35 54 54 64 67 60 69 39 41 39 43 40 49 42 44 REGIONAL CITIES Today Lo 37 36 46 44 44 31 41 44 44 44 W c s r c c r pc c s r c s s c pc c c pc r pc r s s r pc Hi 77 47 57 53 61 56 70 31 82 60 57 76 78 67 78 68 83 50 56 53 58 59 71 53 64 Wed. Lo 58 40 40 28 34 41 46 17 67 46 38 58 54 59 69 58 68 44 40 47 46 41 51 42 55 Florence M. Flues Forest Grove May 28, 1932 — March 12, 2018 Florence “Flossie” M. Flues of Knappa, She volunteered many years to the Westport Oregon, died March 12, 2018 at the age of 85, Boat Club as secretary, and then retired from in Forest Grove, Oregon, after an extended Nygaard Logging as a weighmaster. Flossie is also preceded in death by her illness. brother, Sidney “Billy” Anderson, Flossie was born on May 28, and infant daughter, Lisa Hoikka. 1932 in Skamokawa, Washington, She is survived by sons, Duane to parents Axel and Helen Ander- son. She graduated in 1950 from (Pam) Hoikka of Summerville, Wahkiakum High School in Cath- Oregon; Kevin (Jinnie) Hoikka, of lamet, Washington. She married Ankeny, Iowa; and Michael (Bar- bara) Hoikka of Hood River, Ore- John “Cal” Hoikka in 1951 and gon, who died on March 17. they soon settled in Knappa, Ore- gon. After Cal’s passing in 1987, Her grandchildren are Lisa Hoik- ka-Johnson, Bethany Heath, Kris- she married Wayne Flues Jr., who tyn McCain and Bradley Hoikka. preceded her in death in 2005. Flossie enjoyed gardening, Florence M. Flues Her great-crandchildren are Kai- ley Wilson, Nathan Hoikka, Carter cooking, knitting, crocheting, McCain and Penelope Heath. Here crafts, clam digging, the Seat- tle Seahawks, holidays, family get-togeth- great-great grandchildren are Roman and ers, friends at the Wickiup Senior Center, Rian Montgomery. At Flossie’s request, no formal funeral and spending time with her best friend, Betty Bagley. Besides being a homemaker, Flossie will be held. However, at a later date there worked at Knappa’s Hilda Lahti Elemen- will be a Celebration of Life for family and tary School as a recess aide, leaving there to friends. Flossie will be greatly missed by all care for and adopt her granddaughter, Lisa. who knew her. Lakeview 29/58 Ashland 40/67 Hi 57 57 60 56 50 60 65 54 51 56 Born Frederick Richard Parhaniemi on (Steve) was not far behind, born on June 3, Oct. 16, 1930 in Astoria, Oregon, known to 1955. Finally, Mark was born on Dec. 29, his family and close friends as “Dick,” he 1960. In the early 1960s, Fred built a small shop passed away peacefully on March 13, 2018. behind his home where he and Fred grew up in Astoria, Oregon, his two brothers started Reliable with his two younger brothers, Rudy Machine and Manufacturing Co. and Bob, the sons of Fred and Silvia Their business grew until it was nec- Parhaniemi. After graduating from essary to move to a larger facility in Astoria High School, Fred went to Kent. Fred passed his expertise onto work in a local machine shop. In his sons, who all spent time working November of 1950 he was drafted at Reliable Machine until the busi- into the Army and was stationed ness was sold in 1983. His sons con- at Fort Lewis in Washington state. tinue to work in the trade to this day. During his time at Fort Lewis, he Fred liked spending time out- was introduced by a friend to Betty Johnson of Renton, at a dance in Frederick Richard doors with his family, hiking to Parhaniemi alpine lakes in Washington’s Cas- Seattle. The two quickly fell in love cade Mountains, fishing streams and they were married on Dec. 22, 1951. After they were married, Fred continued and lakes all over the state, and razor clam his service in the Army and was stationed for digging on the beaches of the Pacific North- a time in Garmisch, Germany, where he made west. He also enjoyed playing the guitar. Fred lost his beloved Betty in May of 2012. some lifelong friends. Fred was honorably discharged from the He continued to live in the home he built for Army in October of 1952. He returned to her until December of 2017. He is survived by his son, Richard (Jan), Renton and built a home in May Valley on the Johnson Homestead, where he and Betty and children, Ryan and Melissa; his son, Ste- started a family. Their first child, Richard phen; his son, Mark (Lois), and child, Daniel. In lieu of flowers, the family would like (Rick), was born on May 9, 1954. Stephen March 26, 2018 WILEMAN, Frederick Lee, 70, of Astoria, died in Astoria. Ocean View Funeral & Cremation Service of Astoria is in charge of the arrangements. Forecasts and graphics provided by AccuWeather, Inc. ©2018 City Baker City Bend Brookings Eugene Ilwaco Klamath Falls Medford Newberg Newport North Bend Astoria Oct. 16, 1930 — March 13, 2018 DEATH Ontario 43/65 Bend 36/58 Frederick Richard Parhaniemi Baker 37/58 Roseburg 45/64 Brookings 46/66 Tonight's Sky: Waxing gibbous moon near Beehive cluster (M44). Hi 58 45 55 51 47 57 68 30 81 57 49 68 79 75 77 67 81 49 52 47 58 52 68 53 49 Prineville 36/60 Lebanon 45/60 Medford 41/68 UNDER THE SKY High 8.6 ft. Pendleton 43/59 The Dalles 47/61 Portland 45/57 Eugene 44/59 Sunset tonight ........................... 7:37 p.m. Sunrise Wednesday .................... 7:03 a.m. Moonrise today .......................... 3:22 p.m. Moonset today ............................ 5:15 a.m. City Atlanta Boston Chicago Denver Des Moines Detroit El Paso Fairbanks Honolulu Indianapolis Kansas City Las Vegas Los Angeles Memphis Miami Nashville New Orleans New York Oklahoma City Philadelphia St. Louis Salt Lake City San Francisco Seattle Washington, DC 54 36 Remaining cloudy with a shower Low clouds SUN AND MOON Time 11:37 a.m. none 52 38 Shown is tomorrow's weather. Temperatures are tonight's lows and tomorrow's highs. ASTORIA 42/52 Precipitation Monday ............................................ 0.61" Month to date ................................... 3.72" Normal month to date ....................... 6.35" Year to date .................................... 22.33" Normal year to date ........................ 23.74" Mar 31 SATURDAY REGIONAL WEATHER Astoria through Monday. Temperatures High/low ....................................... 49°/41° Normal high/low ........................... 55°/40° Record high ............................ 72° in 1994 Record low ............................. 29° in 1996 Full 53 41 Low clouds ALMANAC FRIDAY OBITUARIES Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. W pc c pc c s pc s pc s c pc s s r pc r pc c sh c c c s c c ON THE RECORD Robbery • At 7:46 a.m. Monday, Dusten Lunsford, 34, of Ore- gon City, was arrested by Sea- side police on the 1210 block of Franklin Street and charged with third-degree robbery, fourth-degree assault, unlaw- ful entry into a motor vehi- cle, felon in possession of a restricted weapon and inter- fering with a police officer. Lunsford allegedly broke into a car and looted it. When the owner showed up, Lunsford allegedly assaulted him and fled. DUII • At 1:04 a.m. Saturday, Robert Heess, 66, of Warren- ton, was arrested by Astoria police near the New Youngs Bay Bridge and charged with driving under the influence of intoxicants. His blood alcohol content was 0.11 percent. • At 11:52 p.m. Saturday, Hiram Miller Johnson, 63, of Hammond, was arrested by Warrenton police on Main and Fifth streets and charged with DUII. His blood alcohol con- tent was 0.13 percent. PUBLIC MEETINGS TUESDAY Clatsop County Human Services Advisory Council, 4 to 5:30 p.m., 800 Exchange St., Room 430. Seaside Airport Advisory Committee, 6 p.m., City Hall, 989 Broadway. Astoria Planning Commission, 6:30 p.m., City Hall, 1095 Duane St. WEDNESDAY Astoria Parks and Recreation Advisory Board, 6:45 a.m., City Hall, 1095 Duane St. Clatsop County Board of Commissioners, 6 p.m., Judge Guy Boyington Building, 857 Com- mercial St. LOTTERIES OREGON Monday’s Pick 4: 1 p.m.: 2-2-3-7 4 p.m.: 3-3-8-1 7 p.m.: 2-6-3-8 10 p.m.: 5-5-9-8 Monday’s Lucky Lines: 04-06- 09-16-FREE-17-23-26-31 Estimated jackpot: $17,000 Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow fl urries, sn-snow, i-ice. APPLIANCE Monday’s Megabucks: 03-04- 13-20-38-47 Estimated jackpot: $2.2 million Monday’s Keno: 01-04-07-14- 16-22-27-33-37-38-41-44-46- 50-55-58-66-71-77-80 Monday’s Lotto: 01-03-06-30- WASHINGTON Monday’s Daily Game: 5-3-8 Monday’s Hit 5: 02-03-35- Estimated jackpot: $3.4 million Monday’s Match 4: 01-05- 36-38 09-23 33-37 Estimated jackpot: $100,000 PACKAGE DEALS APPLIANCE AND HOME FURNISHINGS 529 SE MARLIN, WARRENTON 503-861-0929 Over 3 A 0 RS IN YE TSOP C LA NTY C OU Mattresses, Furniture & More! HOURS OPEN: MON-FRI 8-6 * SATURDAY * SUNDAY 10-4 We Service What We Sell The Daily Astorian Established July 1, 1873 (USPS 035-000) Published daily, except Saturday and Sunday, by EO Media Group, 949 Exchange St., PO Box 210, Astoria, OR 97103 Telephone 503- 325-3211, 800-781-3211 or Fax 503-325-6573. 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