- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 09-09-2021
- Case #: A172507
- Judge(s)/Court Below: Kistler, S.J. for the Court; James, P.J. & Kamins, J.
- Full Text Opinion
The trial court sentenced Petitioner to life in prison without possibility of parole on a conviction for first degree rape because he had been convicted of two other felony sex crimes. Petitioner argued his prior convictions do not count towards an enhanced sentence. Defendant was placed on probation as a result of a previous conviction in 1981. ORS 137.719 provides that if a defendant has been sentenced for two prior felony sex crimes, the presumptive sentence is life without the possibility of parole. The 1981 statute was ORS 137.010(2) which provided that the court may suspend imposition or execution of a sentence and place the person on probation. The Court did not “sentence” Petitioner in 1981, it suspended execution of sentence and put him on probation. That conviction does not count towards an enhanced sentence under ORS 137.719(1). Reversed and remanded.