Oregon Appellate Court, December 9, 2020

by: Rankin Johnson • December 15, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

SENTENCING - Consecutive probation sanctions

Revocation sentences for a single supervision violation must be concurrent. Reversed.

The court also held that, while stipulated sentences are not reviewable, an agreement that each party can argue for a sentence is not a 'stipulation' under that rule.

State v. Rusen 307 Or App 759 (December 9, 2020) (Lagesen) (Linn County, McHill)

STALKING AND FAPA ORDERS - Sufficiency

Respondent's false allegations directed against petitioner did not give rise to well-founded apprehension for petitioner's personal safety. Reversed.

B.M. v. Deaton 307 Or App 763 (December 9, 2020) (Lagesen) (Douglas County, Simmons)

DOUBLE JEOPARDY - Manifest necessity

Jeopardy represented by stipulated-facts trial was 'terminated' on state's motion, permitting retrial, because defendant did not tender a written waiver of jury trial and was thus never in jeopardy. Affirmed.

The parties reached a settlement including a stipulated-facts trial, but defendant failed to submit a written waiver of jury trial. Accordingly, when a dispute arose over the terms of the settlement and the court declared a mistrial, defendant had never been in jeopardy and constitutional double-jeopardy did not prevent a mistrial. The court declined to consider, as unpreserved, defendant's statutory argument.

State v. Dykstra 307 Or App 766 (December 9, 2020) (DeHoog) (Washington County, Fun)

SEARCH AND SEIZURE - Officer safety

Bulge under defendant's coat that could have been a firearm was not a basis for an officer-safety search without evidence that defendant was a threat. Reversed.

The court rejected defendant's argument that, once he was handcuffed, he no longer presented a threat and therefore no further search was necessary. Rather, the court analyzed the handcuffing and the search as a unitary police action.

State v. Bailey 307 Or App 782 (December 9, 2020) (DeHoog) (Marion County, Leith)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)