State v. Nobles

Significant differences in sentencing under statute versus sentencing according to sentencing guidelines extend only towards the length of the term of incarceration, and not the length of the post-prison supervision term. State v. Morgan, 316 Or. 553, 560 (1993).

Defendant pled no contest to a charge for murder, and was sentenced to 144 months in prison plus a life term of post-prison supervision. Defendant assigned error to the imposition of lifetime post-prison supervision by the trial court. On appeal, Defendant argued that State v. Morgan, 316 Or. 553 (1993) didn’t control because Defendant received a determinate period of imprisonment based on sentencing guidelines rather than by statute, the post-prison supervision term that corresponded to his crime was to be for three years pursuant to former OAR 253-05-002(2)(c). In response, the State argued that Morgan controls. Significant differences in sentencing under statute versus sentencing according to sentencing guidelines extend only towards the length of the term of incarceration, and not the length of the post-prison supervision term. State v. Morgan, 316 Or. 553, 560 (1993). Because a defendant convicted of murder is subject to lifetime supervision by the state – either through serving an indeterminate life sentence, or having a determinate prison term that is followed by post-prison supervision for life – the Court held that the trial court did not err in their imposition of a lifetime post-prison supervision term. Affirmed.