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.
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Olympia
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Seaside
Spokane
Springfi eld
Vancouver
Yakima
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TOMORROW'S NATIONAL WEATHER
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REGIONAL CITIES
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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
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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
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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.
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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:
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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-
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Monday’s Lotto: 01-03-06-30-
WASHINGTON
Monday’s Daily Game: 5-3-8
Monday’s Hit 5: 02-03-35-
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Monday’s Match 4: 01-05-
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