Courts can upward depart 2x (200%) of the presumptive calculated in ORS 137.717.
Duration Departures Under ORS 137.717
(4) The court may impose a sentence other than the sentence provided by subsection (1) or (3) of this section if the court imposes:
(a) A longer term of incarceration that is otherwise required or authorized by law; or
(b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) or (3) of this section.
Or. Rev. Stat. § 137.717
(3)
(a) A presumptive sentence described in subsection (1)(a) or (b) of this section shall be increased by two months for each previous conviction the person has that:
(A) Was for any of the crimes listed in subsection (1) or (2) of this section; and
(B) Was not used as a predicate for the presumptive sentence described in subsection (1)(a) or (b) of this section.
Or. Rev. Stat. § 137.717
“The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:
(1) For a Class A felony, 20 years.
(2) For a Class B felony, 10 years.
(3) For a Class C felony, 5 years.
(4) For an unclassified felony as provided in the statute defining the crime.
Or. Rev. Stat. § 161.605
Same criminal Episode Sentence - Cannot be Used To Increase Presumptive:
(8)
(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.
Comments
Courts can upward depart 2x (200%) of the presumptive calculated in ORS 137.717. Duration Departures Under ORS 137.717
(4) The court may impose a sentence other than the sentence provided by subsection (1) or (3) of this section if the court imposes: (a) A longer term of incarceration that is otherwise required or authorized by law; or (b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) or (3) of this section.
Or. Rev. Stat. § 137.717
(3) (a) A presumptive sentence described in subsection (1)(a) or (b) of this section shall be increased by two months for each previous conviction the person has that: (A) Was for any of the crimes listed in subsection (1) or (2) of this section; and (B) Was not used as a predicate for the presumptive sentence described in subsection (1)(a) or (b) of this section.
Or. Rev. Stat. § 137.717
“The maximum term of an indeterminate sentence of imprisonment for a felony is as follows: (1) For a Class A felony, 20 years. (2) For a Class B felony, 10 years. (3) For a Class C felony, 5 years. (4) For an unclassified felony as provided in the statute defining the crime. Or. Rev. Stat. § 161.605
Same criminal Episode Sentence - Cannot be Used To Increase Presumptive:
(8) (a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.
Or. Rev. Stat. § 137.717