State v. Beckner

Pursuant to ORS 137.010(3), when a judgment of conviction is vacated and a new sentence is imposed on a lesser included offense of the same crime, a defendant must receive deduction from the maximum and minimum terms of the new sentence for periods of detention and imprisonment already served.

Defendant was convicted on the lesser-included offense of third-degree sexual abuse on remand. He argued that ORS 137.370(2) prohibits the court from imposing incarceration because he already served on the original judgment more than the maximum term of imprisonment for a Class A misdemeanor. Pursuant to ORS 137.010(3), when a judgment of conviction is vacated and a new sentence is imposed on a lesser included offense of the same crime, a defendant must receive deduction from the maximum and minimum terms of the new sentence for periods of detention and imprisonment already served.ORS 137.010(3) permits the court to suspend the imposition or execution of any part of a sentence. The Court reasoned that Defendant did not demonstrate that the trial court was divested of all authority to suspend sentence on remand. Defendant failed to establish that the trial court’s sentence was unlawful because the judgment referred broadly to all parts of the sentence and not just jailtime. AFFIRMED.