State v. Wedebrook

If a defendant is "instrumental in bringing about the error", the court is dissuaded from exercising its discretion to correct it. State v. Taylor, 295 Or App 32, 35-36, 433 P3d 486 (2018).

Defendant appealed a conviction by unanimous jury verdict of promoting prostitution. On appeal, Defendant made three assignments of error though only one was addressed: the trial court's imposition of a 12-month jail term as part of the probation sentence where Defendant argued, and the State conceded, that the jail term was erroneous because the sanction was not authorized under administrative rules. If a defendant is "instrumental in bringing about the error", the court is dissuaded from exercising its discretion to correct it. State v. Taylor, 295 Or App 32, 35-36, 433 P3d 486 (2018). The Court held that because defense counsel's decision to inform the trial court that it had the option to impose a sentence above the 90-day limit was a strategic one, the Court was dissuaded from exercising its discretion to correct the sentence. Affirmed.