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Oregon Supreme Court, September 30, 2021

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by: Rankin Johnson • October 8, 2021 • no comments


Summarized by Rankin Johnson, OCDLA

SENTENCING - Post-prison supervision

Defendant correctly received a separate PPS term for offenses listed in ORS 144.103. Affirmed.

ORS 144.103 provides that, for listed serious sex offenses, the PPS term is the presumptive maximum minus the prison term imposed. The court explained that each such offense should receive a separate PPS term.

The court noted that, because the case was controlled by a statute, it did not address whether or when the sentencing guidelines permitted multiple PPS terms.

The court remanded for resentencing as ordered by the Court of Appeals, because the sentencing court should have imposed indeterminate PPS terms under ORS 144.103(1).

State v. Kragt 368 Or 577 (September 30, 2021) (Garrett) (Yamhill County, Collins)