Term of sentence
- reasons to be stated on record
Source:
Section 137.120 — Term of sentence; reasons to be stated on record, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
Notes of Decisions
Offenses before November 1, 1989
There is no requirement that trial court support sentence imposed by explicit reference to presentence report. State v. Rogers, 34 Or App 523, 579 P2d 258 (1978)
Requirements of this section and [former] ORS 144.790 are mandatory, not discretionary, and trial court was required to obtain and consider presentence report and to state on record reasons for its decision, notwithstanding defendants waiver of presentence report. State v. Biles, 34 Or App 531, 579 P2d 259 (1978), aff’d 287 Or 63, 597 P2d 808 (1979)
Reference to presentence report information and recommendation without express statement of court’s reason for following recommendation was insufficient. State v. Smith, 34 Or App 539, 579 P2d 261 (1978), Sup Ct review denied
Trial court’s failure to state reasons for sentence required remand for imposition of new sentence with statement of reasons where sentence was based on plea bargain and there was no objection below. State v. Franklin, 36 Or App 413, 584 P2d 368 (1978), Sup Ct review denied
Although sentencing judge did not explicitly recount facts contained in presentence report, comments at time of sentencing made reasons for sentence sufficiently clear when viewed in light of other reported evidence presented at sentencing proceeding. State v. John, 37 Or App 439, 587 P2d 502 (1978)
Where defendant contended that sentence was invalid because court failed to state reasons pursuant to this section, confession of error by state was not binding on appellate court as trial judge reviewed extensive number of burglaries committed by defendant and prior convictions for robbery. State v. Shipley, 39 Or App 283, 592 P2d 237 (1979)
Trial court’s stated reason for sentencing defendant, “I am punishing you,” was insufficient under this section. State v. Grass, 41 Or App 575, 599 P2d 1203 (1979)
Where trial court had reduced defendant’s conviction of second degree escape to Class A misdemeanor, suspended sentence and placed defendant on probation, court’s failure to comply with this section by failing to state reason for sentence upon probation revocation was not error because this section does not apply to misdemeanors. State v. Larsen, 44 Or App 769, 607 P2d 212 (1980), Sup Ct review denied
Where court at close of sentencing hearing gave no reason for sentence, but merely summarized charges dismissed, stated remaining reduced charge and maximum sentence and then pronounced sentence, and where judgment order, signed by court four days after pronouncing sentence, contained written findings of fact and stated reasons for sentence imposed, court failed to comply with this section and resentencing was required. State v. Evans, 45 Or App 449, 608 P2d 602 (1980)
Defendant’s failure to raise issue at trial does not waive defect caused by court’s failure to state reasons for sentence. State v. Franklin, 62 Or App 660, 661 P2d 946 (1983)
Offenses on or after November 1, 1989
Sentencing guideline rule that subjected convicted defendant to greater presumptive sentence upon finding that defendant’s criminal activity occurred as part of “drug cultivation, manufacture or delivery scheme or network” was unconstitutionally vague under Article I, sections 20 and 21 of Oregon Constitution. State v. Moeller, 105 Or App 434, 806 P2d 130 (1991); State v. Mack, 108 Or App 643, 817 P2d 1321 (1991); State v. Rubio-Landa, 110 Or App 134, 820 P2d 467 (1991)
Where separate criminal acts arise within one general criminal transaction, conviction for first occurring act cannot enhance criminal history score in determining sentence for later occurring act. State v. Plourd, 125 Or App 238, 864 P2d 1367 (1993)
For purposes of determining criminal history, conviction occurs when sentence is pronounced in open court. State v. Plourd, 125 Or App 238, 864 P2d 1367 (1993)
Law Review Citations
51 OLR 433 (1972)
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