State v. Epps

• Court: Oregon Court of Appeals
• Area(s) of Law: Sentencing
• Date Filed: 05-13-2015
• Case #: A155075
• Judge(s)/Court Below: PER CURIAM; Flynn, P.J.; Haselton, C.J.; & De Muniz, S.J.

Under ORS 813.011, a defendant convicted of DUII who has been previously convicted of DUII at least twice in the prior 10 years may not have a suspended or reduced sentence from the mandatory 90-day incarceration.

The State appealed from the trial court's decision to suspend Defendant's 90-day incarceration sentence for her conviction of driving under the influence of intoxicants (DUII). On review, the State argued that because Defendant had been convicted of DUII at least twice in the prior 10 years to the current offense, there should be no suspension of the sentence. The Court agreed, and held that ORS 813.011 mandates a 90-day incarceration sentence for a DUII conviction if a defendant has been convicted of two prior DUII offenses within 10 years of that conviction. Remanded for resentencing.

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