Maximum consecutive sentences
Source:
Section 137.121 — Maximum consecutive sentences, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
Notes of Decisions
Presumptive sentence of second offense is not determined by limit on length of consecutive sentences. State v. Nicholas, 118 Or App 232, 846 P2d 1181 (1993)
In calculating incarceration term for consecutive sentences, court must first calculate presumptive sentence for each conviction without departure with total subject to 200 percent rule, then impose departure sentence for each conviction not exceeding twice the presumptive sentence. State v. Determann, 122 Or App 480, 858 P2d 171 (1993), Sup Ct review denied
Imposition of consecutive sentences violating sentencing guidelines 400 percent rule was apparent error of law subject to discretionary review. State v. Morgan, 124 Or App 229, 862 P2d 539 (1993), Sup Ct review denied
Entire indeterminate term of pre-1993 dangerous offender statute is incarceration term subject to limitations on consecutive sentences. State v. Davis, 315 Or 484, 847 P2d 834 (1993). But see State v. Coburn, 146 Or App 653, 934 P2d 579 (1997)
Two hundred percent rule does not apply to sentences derived from different criminal episodes even if single indictment is issued for multiple crimes. State v. Miller, 317 Or 297, 855 P2d 1093 (1993)
Where imposing both gun minimum under ORS 161.610 and consecutive sentences, court must first determine primary offense, then determine length of terms for consecutive sentences by imposing gun minimum term or, if greater, by electing to impose term allowed for consecutive sentences under sentencing guidelines. State v. Johnson, 125 Or App 655, 866 P2d 1245 (1994)
In cases involving consecutive sentences that include incarceration for offenses subject to ORS 137.700, court must first impose mandatory minimum sentence prescribed by ORS 137.700 for subject offenses, then limit imposition of consecutive sentences for all other offenses to not exceed greater of ORS 137.700 mandatory minimum term of incarceration or sentencing guidelines maximum available term for consecutive sentences. State v. Langdon, 151 Or App 640, 950 P2d 410 (1997), aff’d 330 Or 72, 999 P2d 1127 (2000); State v. Quintero, 160 Or App 614, 982 P2d 543 (1999)
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