State v. Keyes

"[A] 'sentence imposed' under ORS 137.717 is a sentence initially imposed upon conviction, and not a sentence imposed at the time the probation is revoked." State v. Orcutt, 280 Or App 439, 446, 380 P3d 1105 (2016), rev den, 361 Or 525 (2017).

Defendant appealed the revocation of her probation. Defendant assigned error to the trial court’s sentence of 26 months in prison based on ORS 137.717(2015), which was in effect when she was originally sentenced, not the new 2017 amended version of the statute in effect when her probation was revoked in 2018. On appeal, Defendant argued the 2017 amendments applied to the probation revocation sentence because HB 3078 stated that the ORS 137.717 amendments were to apply to sentences imposed on or after January 1, 2018. "[A] 'sentence imposed' under ORS 137.717 is a sentence initially imposed upon conviction, and not a sentence imposed at the time the probation is revoked." State v. Orcutt, 280 Or App 439, 446, 380 P3d 1105 (2016), rev den, 361 Or 525 (2017). The Court held that the 2017 amendments of ORS 137.717 did not alter the meaning of “sentences imposed." Affirmed.