Guidelines control sentences
- mandatory sentences
Source:
Section 137.669 — Guidelines control sentences; mandatory sentences, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
Notes of Decisions
Multiple crimes from single criminal episode cannot be used to increase defendant’s criminal history score. State v. Seals, 113 Or App 700, 833 P2d 1344 (1992)
Where imposition of any sentence for misdemeanor is discretionary and felony sentencing guidelines impose mandatory sentence, existence of felony sentencing guidelines does not render disproportionate misdemeanant’s sentence of incarceration. State v. Rice, 114 Or App 101, 836 P2d 731 (1992), Sup Ct review denied
Rule for calculating criminal history applies equally where acts from unrelated criminal episodes are combined in one proceeding and sentences for separate acts are separately imposed regardless of whether proceeding under one indictment or more. State v. Miller, 317 Or 297, 855 P2d 1093 (1993)
Where charges under two indictments are sentenced at same hearing, conviction under first indictment can be counted in criminal history as prior conviction in determining sentence for conviction under second indictment. State v. Bucholz, 317 Or 309, 855 P2d 1100 (1993)
Crimes committed separately, even if sentenced in same proceeding, are unrelated incidents and are not part of single criminal episode. State v. Bucholz, 317 Or 309, 855 P2d 1100 (1993)
Up to date