State v. Larrance

Under ORS 138.083, the trial court abused its discretion when it failed to amend an entire sentence which had been determined using an erroneous understanding of the law.

Defendant was convicted of felony unlawful use of a weapon and misdemeanor strangulation and menacing. Defendant was sentenced to 60 months in prison and 36 months of post-prison supervision (PPS) for the felony charge, as well as PPS for the misdemeanor convictions and a no-contact order for the duration of the PPS. Defendant appealed the judgment. After the Court of Appeals affirmed the trial court’s judgment, Defendant filed a motion to modify this judgment, arguing that the felony sentence was longer than the allowed maximum, that the court did not have the authority to impose PPS on misdemeanor convictions, and that the court did not have the authority to impose conditions on PPS. After a hearing, the court dropped the PPS from the sentence, but left the 60-month prison sentence. On appeal, Defendant argued that the trial court abused its discretion when it only modified part of that which Defendant had alleged was erroneous despite the court's statement that it would correct erroneous sentencing. The Court held that the trial court abused its discretion in failing to amend Defendant’s prison sentence, finding that the trial court had made its sentencing decision based on a misinterpretation of the law. Vacated and remanded.