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Oregon Appellate Court--November 28, 2018

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by: Rankin Johnson IV • December 1, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

APPEALS - Plain error

Argument that prior conviction for UUW was not a predicate offense for second gun-minimum sentence was not reviewable as not plain error. Affirmed.

Whether the prior conviction had led to a gun-minimum sentence was subject to dispute in light of the record. Although the indictment and judgment did not specify, the sentence imposed would have been lawful for a first gun minimum.

State v. Nunes 295 Or App 91 (November 28, 2018) (Armstrong) (Clackamas County, Steele)

APPEALS - Law of the case

State's arguments against new-trial order had been decided against it in prior appeal. Affirmed.

Defendant appealed his conviction, arguing that out-of-court statements by an interpreter were inadmissible hearsay. The Court of Appeals agreed. On remand, the trial court ordered a new trial.

The state appealed the new-trial order, arguing that it should have been able to offer new bases to admit the hearsay evidence. The Court of Appeals held that the state's arguments were foreclosed by the proceedings in the prior appeal.

State v. Ambriz-Arguello 295 Or App 106 (November 28, 2018) (Shorr) (Washington County, Bailey)

SENTENCING - Financial obligations

Judgment term requiring clerk to schedule defendant's financial obligations implicitly required clerk to do so in accordance with statutory requirements. Affirmed.

State v. Foos 295 Or App 116 (November 28, 2018) (James) (Lincoln County, Bachart)

SELF-INCRIMINATION - Invocation of right to remain silent

Defendant's statement during interrogation that he wanted to be with his family was, in context, not an invocation of his right to remain silent. Reversed on state's appeal.

State v. Castillo 295 Or App 121 (November 28, 2018) (Aoyagi) (Jackson County, Barnack)

SENTENCING - Permissible sentencing conditions

Sentencing court erred by imposing mandatory post-prison supervision conditions. Remanded for modification.

State v. Easton 295 Or App 137 (November 28, 2018) (Per Curiam) (Washington County, Garcia)

SENTENCING - Merger

Sentencing court plainly erred by failing to merge assault and unlawful use of a weapon. Remanded for resentencing.

State v. Deanda-Moreno 295 Or App 139 (November 28, 2018) (Per Curiam) (Marion County, Leith)