State v. Hubbard

ORS 163.115(5) grants the authority to parole “persons with life sentences for murder” regardless of when the crime happened. State v. Haynes, 168 Or. App. 623 (2000).

The State appealed a corrected judgment that deleted “life in prison” from the sentencing after a claim of constitutional error of an Oregon sentencing statute that was corrected. The State assigned error to the trial court lacking authority to correct a judgment because a previous case, State v. Haynes, made the initial judgment valid. On appeal, the State argued that “life in prison” was not erroneous because the constitutional error had been fixed and the result of that correction meant that the Defendant’s sentence was an indeterminable life sentence with parole being a possibility after 25 years, meaning that the possibility of parole cured the former constitutional error. Defendant responded by arguing that the amendment did not cure the judgment because, under the separation of power doctrine, a “legislature cannot validate a preexisting invalid judgment.” ORS 163.115(5) grants the authority to parole “persons with life sentences for murder” regardless of when the crime happened. State v. Haynes, 168 Or. App. 623 (2000). The Court of Appeals held that the trial court did not have the authority to “correct the judgment” and that the Haynes case was controlling. Reversed and remanded.