State v. Carter

• Court: Oregon Court of Appeals
• Area(s) of Law: Sentencing
• Date Filed: 07-01-2015
• Case #: A155096
• Judge(s)/Court Below: PER CURIAM; Ortega, P.J.; DeVore, J.; & Garrett, J.

If a trial court's sentence exceeds the statutory maximum sentence, the Court of Appeals may exercise its discretion to remand for resentencing if the record does not indicate that the trial court will, for certain, impose the same sentence.

Defendant pleaded guilty to two counts of second-degree attempted assault. The trial court imposed concurrent sentences of 36 months in prison and 36 months of post-prison supervision (PPS) for each count. Defendant failed to object to the sentence as beyond the statutory maximum sentence. On appeal, the Court exercised its discretion to review the decision as plain error. The Court determined that the record did not reflect for certain that the trial court would impose the same sentence, and therefore it was proper to remand the case for resentencing. Reversed for resentencing.

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