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Oregon Appellate Ct - Oct 5, 2016

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by: Sara Werboff • October 10, 2016 • no comments

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*Per Curiam - Remanding for Resentencing Due to Discrepancy between Court's Pronouncements and Judgment
 
*Per Curiam - Civil Commitment - Sufficiency of Evidence
 
*Per Curiam - Civil Commitment - Sufficiency of Evidence
 
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Per Curiam -  
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'''Per Curiam - Remanding for Resentencing Due to Discrepancy between Court's Pronouncements and Judgment'''
  
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The court remands for resentencing because defendant's judgment stated he was ineligible for any form of sentence reduction, but the trial court announced that he would be eligible for "credit for time served as well as good time and work time."  The state conceded that the discrepancy between the trial court's oral pronouncements and the written judgment required the court to remand the entire case for resentencing. 
  
'''Per Curiam - Civil Commitment - Sufficiency of Evidence'''
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[http://www.publications.ojd.state.or.us/docs/A159112.pdf State v. Pauley], 281 Or App 454 (2016) (per curiam)
  
  
The court accepts the state's concession that the evidence was legally insufficient to show that appellant was a person with mental illness.
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'''Per Curiam - Civil Commitment - Sufficiency of Evidence'''
  
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The court accepts the state's concession that the evidence was legally insufficient to show that appellant was a person with mental illness.
  
 
[http://www.publications.ojd.state.or.us/docs/A161618.pdf State v. J.S.], 281 Or App 457 (2016) (per curiam)
 
[http://www.publications.ojd.state.or.us/docs/A161618.pdf State v. J.S.], 281 Or App 457 (2016) (per curiam)

Revision as of 08:01, October 8, 2016


Per Curiam - Remanding for Resentencing Due to Discrepancy between Court's Pronouncements and Judgment

The court remands for resentencing because defendant's judgment stated he was ineligible for any form of sentence reduction, but the trial court announced that he would be eligible for "credit for time served as well as good time and work time." The state conceded that the discrepancy between the trial court's oral pronouncements and the written judgment required the court to remand the entire case for resentencing.

State v. Pauley, 281 Or App 454 (2016) (per curiam)


Per Curiam - Civil Commitment - Sufficiency of Evidence

The court accepts the state's concession that the evidence was legally insufficient to show that appellant was a person with mental illness.

State v. J.S., 281 Or App 457 (2016) (per curiam)