State v. Juarez-Hernandez

• Court: Oregon Court of Appeals
• Area(s) of Law: Sentencing
• Date Filed: 07-17-2024
• Case #: A180096
• Judge(s)/Court Below: Tookey, P.J., with J. Egan and J. Kamins
• Full Text Opinion

Under Article 1, Section 11 of the Oregon Constitution, a defendant has the right “to be heard by himself and counsel,” including during a sentencing hearing. However, a defendant must indicate he wishes to speak.

Defendant appealed a judgment convicting him of various child abuse sex crimes. Defendant asserts that the court erred in denying him the opportunity to address the court at sentencing. Defendant argued that because he did not speak at his sentencing hearing, he was denied his right of allocation. According to Article 1, Section 11 of the Oregon Constitution, a defendant facing criminal charges has the right “to be heard by himself and counsel[.]” State v. Rickard extends that right to include sentencing hearings. State v. Rickard, 225 Or App 488, 491, 201 P3d 927 (2009). The Court found that Defendant made no indication he wanted to speak at his sentencing hearing, and therefore could not claim he was denied his right of allocation. The Court concluded that the trial court did not err. AFFIRMED.

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