State v. Patterson

When a court revokes probation on a felony conviction the court is not imposing sentencing on the original conviction, but rather is it sanctioning the defendant for having violated the condition of his or her probation.

Patterson is challenging the imposition of consecutive terms of incarceration for his conviction of four felonies. Patterson plead guilty to four felonies, three of which occurred during the same series of events. State and Patterson agreed to a downward dispositional departure to the probation for a period of 36 months which the court followed. The court imposed general conditions of probation on Patterson which he violated five months later. Patterson's probation was revoked and was sentenced to 18 months imprisonment on counts 2, 3, and 4. Court ordered that counts 2 and 3 be served concurrently, but counts 2 and 4 were to be served consecutively. Patterson plead guilty to four felonies and was sentenced to probation and community service plus restitution. Patterson violated his probation. The judge revoked Patterson's probation and sentenced him to service two 18 month sentences consecutively. Based on an improper reading of ORS 137.123(2) Patterson appeals the order of consecutive sentences. We cannot affirm on a "right for the wrong reason" basis and we reject the state's other arguments. Reversed and remanded.