Oregon Appellate Court, May 30, 2019
Summarized by Rankin Johnson, OCDLA
RESTITUTION - Plain error review
Court declined to exercise discretion to review error in imposing restitution 251 days after sentencing. Affirmed.
State v. Walton 297 Or App 710 (May 30, 2019) (Egan) (Multnomah County, Holmes Hehn)
POST-CONVICTION RELIEF - Filing fee
Trial court correctly issued limited judgment assessing $252 filing fee to collect from petitioner's inmate trust account, notwithstanding petitioner's indigency. Affirmed.
Bohanan v. Amsberry 297 Or App 739 (May 30, 2019) (Tookey) (Umatillay County, Hill)
SENTENCING - Proportionality
300-month sentence for sodomy for intellectually disabled defendant was disproportionate. Reversed and remanded.
Defendant was thirty years old, had an IQ of 46, and lived with his grandparents. He was convicted of sodomy and sexual abuse committed against a four-year-old. Although it noted defendant's intellectual disability, the court did not make findings indicating adequate consideration of that issue.
State v. Fudge 297 Or App 750 (May 30, 2019) (Shorr) (Washington County, Roberts)
INTERFERING WITH A PEACE OFFICER - Plain error review
Plain-error review not available to consider whether defendant engaged in passive resistance, providing a defense to charge of interfering with a peace officer. Affirmed.
State v. Moravek 297 Or App 763 (May 30, 2019) (Shorr) (Washington County, Wipper)
APPELLATE REVIEW - Harmlessness
Error in preventing defendant from responding to implication that, because he was on probation he would lie on the stand, was harmless. Affirmed.
State v. Partain 297 Or App 800 (May 30, 2019) (Kistler) (Josephine County, Baker)