What If Your Client has Already Begun a Prison Sentence for Sex Abuse II?
by: Ryan • June 14, 2011 • no comments
Let's assume your client is in prison for Sex Abuse II convictions. Maybe you preserved the proportionality issue, maybe not, but even if you did, it could be awhile before the COA fixes the problem. Is there anything you can do now to get your client a reduced sentence and out of prison?
Yes. Fixing the sentencing error (and imposing a crime seriousness level 7 for a sex abuse II based on the age of the victim is a plain sentencing error in light of Simonson) is at the discretion of the trial court, but they have the power to do it. File an ORS 138.083 motion. Argue that your client shouldn't be in prison for a sentence the Court of Appeals has said is unconstitutional. For a [/Merger-criminal-history-and-138083-motions discussion of ORS 138.083, go here].
