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Oregon Appellate Court, February 5, 2020

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by: Rankin Johnson • February 11, 2020 • no comments


Summarized by Rankin Johnson, OCDLA

SELF-INCRIMINATION - Promises of lenience

Officer's statement that, if defendant talked to him the officer could talk to the DA and maybe the charges would be dismissed, was an impermissible inducement. Reversed and remanded.

State v. Simmons 302 Or App 133 (February 5, 2020) (Lagesen) (Washington County, Erwin)

SENTENCING - Probation conditions

Trial court erred in imposing a probation condition forbidding marijuana use in the written judgment when that condition was not discussed at sentencing. Reversed and remanded.

The Court of Appeals declined to consider whether the court plainly erred by imposing conditions relating to alcohol use; the trial court apparently believed that defendant's mental health warranted those conditions.

State v. Worthey 302 Or App 140 (February 5, 2020) (Shorr) (Lincoln County, Bachart)

RESTITUTION - Time limits

Trial court did not plainly err by setting hearing requested more than 90 days after sentencing. Affirmed.

In setting the late hearing, the court did not expressly follow the statutory procedure to do so.

State v. Gallegos 302 Or App 145 (February 5, 2020) (Powers) (Washington County, Butterfield)