Consideration of circumstances in aggravation or mitigation of punishment
Source:
Section 137.080 — Consideration of circumstances in aggravation or mitigation of punishment, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
Notes of Decisions
Unsworn statements may be received by the trial court in considering sentence. State v. McKinney, 7 Or App 248, 489 P2d 976 (1971), Sup Ct review denied
Hearsay is admissible in the sentencing procedure at least in so far as it may be included in a presentence report. State v. McKinney, 7 Or App 248, 489 P2d 976 (1971), Sup Ct review denied
Sentencing court may consider aggravating factors and impose departure without suggestion of either party. State v. Swisher, 116 Or App 129, 840 P2d 1339 (1992), Sup Ct review denied
In imposing departure sentence, court could consider that defendant committed offense while on release from earlier offense, defendant’s failure to appear for trial, and defendant’s commission of similar unrelated offenses sentenced at same court session, but could not consider criminal history or seriousness of crime. State v. Nelson, 119 Or App 84, 849 P2d 1147 (1993)
Where crime seriousness subcategory factor refers to offender rather than offense, factor applies only if defendant personally engaged in described conduct. State v. Lark, 316 Or 317, 851 P2d 1114 (1993); State v. Flanigan, 316 Or 329, 851 P2d 1120 (1993)
Where crime seriousness subcategory factor refers to offense rather than to offender, factor may be applied vicariously to accomplice who did not personally engage in factor conduct. State v. Lark, 316 Or 317, 851 P2d 1114 (1993); State v. Flanigan, 316 Or 329, 851 P2d 1120 (1993)
COMPLETED CITATIONS: State v. Smith, 6 Or App 27, 487 P2d 90 (1971), Sup Ct review denied
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