State v. Waldron

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Parole and Post-Prison Supervision
  • Date Filed: 06-19-2019
  • Case #: A165746
  • Judge(s)/Court Below: Lagesen, P.J. for the court; James, J.; & Landau S.J.
  • Full Text Opinion

“A trial court may recommend conditions of PPS, but has no statutory authority to impose them.” State v. Reed, 235 Or App 470, 474, 237 P3d 826 (2010).

Defendant appealed three consolidated probation revocation judgments. Defendant assigned error to the trial court’s imposition of a 24 month prison sanction and its imposition of conditions of post-prison supervision (“PPS”). On appeal, Defendant argued that the trial court erred and exceeded its authority by imposing PPS conditions on the judgment. “A trial court may recommend conditions of PPS, but has no statutory authority to impose them.” State v. Reed, 235 Or App 470, 474, 237 P3d 826 (2010). The Court held that the trial court exceeded its authority by imposing PPS. Reversed and remanded with instructions to correct judgment regarding imposition of conditions of post-prison supervision; otherwise affirmed.

 

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