Oregon Appellate Ct - Dec 29, 2016

by: Sara Werboff • January 2, 2017 • no comments

State v. Greene, 283 Or App 120 (2016) (Armstrong, P.J.)

State v. Alcantar, 283 Or App 114 (2016) (Hadlock, C.J.)

State v. Alegre, 283 Or App 127 (2016) (Ortega, P.J.)

State v. Landon, 283 Or App 131 (2016) (Ortega, P.J.)

DHS v. S.S., 283 Or App 136 (2016) (Ortega, P.J.)

State v. Herfurth, 283 Or App 149 (2016) (Duncan, P.J.)

State v. Wright, 283 Or App 160 (2016) (Duncan, P.J.)

Denton v. Nooth, 283 Or App 179 (2016) (Duncan, P.J.)

Sentencing - Merger Required Because Acts Not Separated by "Sufficient Pause"

The court remands for resentencing after concluding that the trial court record does not contain evidence that would allow a nonspeculative inference that each of defendant's crimes was separated by a sufficient pause to allow the trial court to enter multiple convictions. Defendant touched the victim on her breasts and her vagina while they were alone in defendant's bedroom and was charged with two counts of sex abuse. The court agrees with defendant that there was insufficient evidence of a "sufficient pause" because the acts occurred during a single encounter and there was no evidence of the duration of time that elapsed between the two touching incidents.

State v. Avila, 283 Or App 262 (2016) (Garrett, J.)

Per Curiam - Civil Commitment - Dismissal Required When Hearing was Untimely

The court concludes that the trial court was required to dismiss the civil commitment proceedings against appellant because the hearing was not held within five judicial days after he was taken in for involuntary treatment.

State v. E.R., 283 Or App 282 (2016) (per curiam)

Per Curiam - Affirming Probation Revocation Sentence Imposed Pursuant to Stipulation in Plea Agreement

The court concludes that the sentence imposed on revocation of probation pursuant to a stipulation that defendant made in his plea agreement was unreviewable under ORS 138.222(2)(d).

State v. Keeler, 283 Or App 284 (2016) (per curiam)