State v. C.C.W.

"A judge may change his mind concerning the proper disposition between the time of a hearing and his final action which takes place when he signs the order disposing of the matter,” State v. Swain/Goldsmith, 267 Or 527, 530, 517 P2d 684 (1974), but “once a trial court enters a written judgment or similarly final order” the court is bound by it. State v. Cardwell, 48 Or App 93, 96, 615 P2d 1198 (1980).

Youth appealed a judgment that ordered Youth to be within the jurisdiction of the juvenile court for second-degree criminal mischief (ORS 164.354). Youth assigned error to the juvenile court’s amended judgment. Youth argued that the amended judgment violated his rights against Double Jeopardy under the United States Constitution and the Oregon Constitution because the judgment that included the lesser offense, third-degree criminal mischief, acquitted him of the second-degree criminal mischief. The State argued that the first judgment was a mistake that the court had the authority to correct since it was a continuous and ongoing process. “A judge may change his mind concerning the proper disposition between the time of a hearing and his final action which takes place when he signs the order disposing of the matter,” State v. Swain/Goldsmith, 267 Or 527, 530, 517 P2d 684 (1974), but “once a trial court enters a written judgment or similarly final order” the court is bound by it. State v. Cardwell, 48 Or App 93, 96, 615 P2d 1198 (1980). The Court found that the original judgment finding the juvenile court the jurisdiction for the lesser-included offense by the juvenile court was final and entered as a judgment and acquitted Youth of related greater offenses.