State v. Carlton

Trial court did not err in imposing a true life sentence (ORS 137.719) on a defendant based on the conclusion that the defendant’s previous felony under California law (CPC 288) was comparable to an Oregon statute. Affirmed.

Defendant was convicted and given a “true life sentence” under ORS 137.719 based on consideration of two previous felonies committed in Oregon as well as in California. Defendant argued on appeal that the California statute (CPC 288) is not “comparable” to an Oregon statute, as is required under ORS 137.719, because it encompasses behavior that is not included in Oregon’s first degree child abuse statute (ORS 163.427) and therefore should not have been considered. The Court held that the trial court did not err by concluding that the definition of “comparable” was met. The Court found that the ordinary definition of “comparable” is having like characteristics such that comparison is appropriate. The Court found that the California and Oregon statutes were comparable in that they both proscribe physical contact with children under the age of 14 with a sexual purpose. Affirmed.