Judgment and Execution

ORS 137.635
Determinate sentences required for certain felony convictions


(1)

When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under ORS 137.120 (Term of sentence), but, unless it imposes a death penalty under ORS 163.105 (Sentencing options for aggravated murder), the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to ORS 421.120 (Reduction in term of sentence) or for any reduction in term of incarceration pursuant to ORS 421.121 (Reduction in term of incarceration).

(2)

Felonies to which subsection (1) of this section applies include and are limited to:

(a)

Murder in any degree, as defined in ORS 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree), and any aggravated form thereof.

(b)

Manslaughter in the first degree, as defined in ORS 163.118 (Manslaughter in the first degree).

(c)

Assault in the first degree, as defined in ORS 163.185 (Assault in the first degree).

(d)

Kidnapping in the first degree, as defined in ORS 163.235 (Kidnapping in the first degree).

(e)

Rape in the first degree, as defined in ORS 163.375 (Rape in the first degree).

(f)

Sodomy in the first degree, as defined in ORS 163.405 (Sodomy in the first degree).

(g)

Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (Unlawful sexual penetration in the first degree).

(h)

Burglary in the first degree, as defined in ORS 164.225 (Burglary in the first degree).

(i)

Arson in the first degree, as defined in ORS 164.325 (Arson in the first degree).

(j)

Robbery in the first degree, as defined in ORS 164.415 (Robbery in the first degree).

(3)

When the court imposes a sentence under this section, the court shall indicate in the judgment that the defendant is subject to this section. [1989 c.1 §§2,3; 1991 c.386 §6; 1993 c.692 §5; 1995 c.79 §49; 2003 c.14 §59; 2019 c.635 §9]

Notes of Decisions

Because defendant cannot be released on parole before expiration of determinate sentence and defendant committed crime before this section took effect, judgment providing that defendant serve term pursuant to this section requires resentencing. State v. Gouveia, 116 Or App 86, 840 P2d 753 (1992)

Legislature intended that provision denying term reductions also apply to felonies committed after November 1, 1989, and sentenced under ORS 421.121. Curry v. Grill, 125 Or App 507, 866 P2d 1237 (1993)

"Maximum sentence otherwise provided by law" restriction requires court imposing sentence that exceeds presumptive guideline sentence to make departure findings. State v. Woodin, 131 Or App 171, 883 P2d 1332 (1994)

Order that defendant pay money as condition of post-prison supervision is properly interpreted as imposition of sentence with delayed payment scheduled. State v. Knupp, 140 Or App 10, 914 P2d 33 (1996); State v. Larson, 144 Or App 611, 927 P2d 1117 (1996)

Defendant was previously convicted of listed felony "as defined in" relevant ORS section if elements of felony committed in previous conviction are same as those for listed felony. State v. Andre, 142 Or App 285, 920 P2d 1145 (1996), Sup Ct review denied; State v. Rosson, 145 Or App 574, 931 P2d 807 (1997), Sup Ct review denied

Person has been "previously convicted" if found guilty by plea or verdict of prior listed crime before committing listed crime for which sentence is being imposed. State v. Allison, 143 Or App 241, 923 P2d 1224 (1996), Sup Ct review denied

For multiple crimes subject to sentencing under ORS 137.700, maximum sentence means sentence that is greater of statutory minimum under ORS 137.700 or maximum consecutive sentences under sentencing guidelines. State v. Sullivan, 172 Or App 688, 19 P3d 1001 (2001)


Source

Last accessed
Jun. 26, 2021