Oregon Appellate Ct - Oct 19, 2016

by: Sara Werboff • October 21, 2016 • no comments

Vindictive Sentencing

State v. Bradley, 281 Or App 696 (2016) (Tookey, J.)

Burglary

State v. Gordon, 281 Or App 654 (2016) (Armstrong, P.J.)

Compensatory Fine

State v. Nichols, 281 Or App 658 (2016) (Sercombe, P.J.)

Denial of Continuance -

State v. Stull, 281 Or App 662 (2016) (Egan, J.)

Plea Agreements -

State v. Thomas, 281 Or App 685 (2016) (Devore, J.)

Civil Commitment -

State v. S.R.J., 281 Or App 741 (2016) (Flynn, J.) (Lagesen, J., dissenting)

Juvenile Dependency -

DHS v. S.M.S., 281 Or App 720 (2016) (Garrett, J.)

Search & Seizure -

State v. Delfino, 281 Or App 725 (2016) (Flynn, J.)

Juvenile Delinquency -

State v. D.J., 281 Or App 730 (2016) (Flynn, J.)

Per Curiam - Error to Impose Restitution and Suspend SNAP Benefits

In this prosecution for unlawfully disposing of food stamp benefits and theft, the state concedes that the trial court erred in imposing $818.53 in restitution when the record supported an award of only $150.77. Additionally, the state concedes that the trial court erred in imposing a lifetime suspension of SNAP benefits because that ruling was based on the trial court's erroneous determination of the restitution amount as over $500.

State v. Keller, 281 Or App 774 (2016) (per curiam)

Per Curiam - Sentence Exceeded Statutory Maximum

The trial court sentenced defendant to 75 months in prison and 120 months post-prison supervision for first-degree sex abuse. Because the maximum term for that offense, including both incarceration and PPS, cannot exceed 120 months, the trial court erred.

State v. Evans, 281 Or App 771 (2016) (per curiam)

Per Curiam -

State v. Stier, 281 Or App 768 (2016) (per curiam)

Per Curiam -

State v. Hollamon, 281 Or App 766 (2016) (per curiam)

Per Curiam -

State v. Maipi, 281 Or App 764 (2016) (per curiam)