Determinate sentences required for certain felony convictions
Source:
Section 137.635 — Determinate sentences required for certain felony convictions, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
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)
Where defendant is serving concurrent sentences, defendant’s ineligibility for reduced sentence for conviction under this section does not bar defendant from accruing earned-time credit to reduce sentence for separate conviction not subject to this section. Samson v. Brown, 310 Or App 319, 486 P3d 59 (2021)
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