State v. Cid

ORS 137.707(1) only applies to youths waived into adult court under ORS 419C.349(1)(a)

Defendant was convicted of nine sex crimes against two child victims. In the first assignment of error, Defendant argued the trial court erred in sentencing him under ORS 137.700. He contends that because he was a minor at the time he committed Counts 1 and 2 and Counts 5 through 9, he should have been sentenced under ORS 137.707. The court reasoned that ORS 137.707(1) only applies to youths waived into adult court under ORS 419C.349(1)(a). Defendant was 24 years old at the time of his charge and therefore could not be a youth waived into adult court. The Court held that ORS 137.707 did not apply. Defendant argued in the second, third, and fourth assignments of error that the trial court erred when it failed to merge the guilty findings of three pairs of charges because the charges contained the same offense with the same victim. ORS 161.067(3) states that multiple violations of the same statute against the same victim may be separated “by a sufficient pause in the defendant’s criminal conduct.” The Court held that Defendant agreed to the broadest construction of the charges when he plead no contest, and therefore ORS 161.067(3) did not apply. AFFIRMED.