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Oregon Appellate Court, September 25, 2019

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by: Rankin Johnson IV • September 26, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

SENTENCING - Duration of PPS

Trial court plainly erred by imposing longer PPS term than provided for by the guidelines. Reversed and remanded.

State v. Cunningham 299 Or App 523 (September 25, 2019) (Ortega) (Clatsop County, McIntosh)

SENTENCING - Interplay of sentencing guidelines

Trial court plainly erred by failing to use 200-percent rule. Reversed and remanded.

The state argued that the crimes were not plainly part of the same criminal episode. The Court of Appeals observed that the trial court applied the shift-to-I rule, which only applies when there are multiple offenses from the same criminal episode. Following that holding, the court was obligated also to apply the 200-percent rule.

State v. Decleve 299 Or App 528 (September 25, 2019) (Powers) (Lincoln County, Branford)

SENTENCING - Court-appointed attorney fees

Trial court erred by imposing court-appointed attorney fees following findings that defendant would be healthy and try to work following his 25-year prison term. Reversed.

State v. Smith 299 Or App 536 (September 25, 2019) (Per curiam) (Marion County, Leith)