Restriction on parole of persons sentenced to minimum terms
Source:
Section 144.110 — Restriction on parole of persons sentenced to minimum terms, https://www.oregonlegislature.gov/bills_laws/ors/ors144.html.
Notes of Decisions
This section does not apply to sentences imposed for crimes committed before its effective date. State v. Bussey, 34 Or App 535, 579 P2d 264 (1978)
Where crimes were committed prior to effective date of this section, imposition of minimum sentence was improper. State v. Jacobs, 34 Or App 755, 579 P2d 881 (1978), Sup Ct review denied
Sentencing court’s recommendation that defendant not be paroled did not constitute imposition of minimum sentence. State v. Mitchell, 35 Or App 809, 583 P2d 14 (1978), Sup Ct review denied
This section is not applicable to crimes committed before effective date. State v. Gale, 36 Or App 275, 583 P2d 1169 (1978)
Circuit court was within its authority under this section in imposing ten-year minimum sentence in case where defendant was convicted of murder and sentenced to life imprisonment pursuant to ORS 163.115. State v. Segner, 42 Or App 397, 600 P2d 916 (1979), Sup Ct review denied
Court of Appeals has jurisdiction to review orders pursuant to this section setting release dates. Harris v. Board of Parole, 288 Or 495, 605 P2d 1181 (1980)
There is no conflict between this section and ORS 161.610 (minimum sentence for commission of crime with firearm) and imposition of minimum 10 year sentence under this section and concurrent minimum 5 year sentence under ORS 161.610 was proper. State v. Warner, 52 Or App 987, 630 P2d 385 (1981), Sup Ct review denied
Where defendant was convicted on two charges of robbery in the first degree and one charge of attempted murder, was found by trial court to be a “dangerous offender” pursuant to ORS 161.725 and was sentenced under that statute to consecutive maximum terms of 30 years on each conviction, trial court did not err in imposing three consecutive minimum terms of 15 years. State v. Holmes, 62 Or App 652, 661 P2d 556 (1983), Sup Ct review denied
Authority of court to impose minimum term is not applicable to life sentence. State v. Macy, 295 Or 738, 671 P2d 92 (1983)
This section and 161.610 are intended to operate together and court may not impose consecutive minimum sentences under the two sections. State v. Walker, 68 Or App 561, 683 P2d 1006 (1984)
Argument that this section was violative of Oregon and U.S. Constitutions because disproportionate to offense committed was without merit. State v. Downs, 69 Or App 556, 686 P2d 1041 (1984)
This statute provides authority for trial court to impose minimum term of imprisonment of up to one-half sentence imposed pursuant to ORS 161.725, dangerous offender statute. State v. Turner, 296 Or 451, 676 P2d 873 (1984)
Mandatory minimum sentences for burglary, kidnapping and attempted rape are not disproportionate under Article I, section 16 of the Oregon Constitution. State v. Turner, 296 Or 451, 676 P2d 873 (1984)
This section authorizes trial court to impose minimum term of imprisonment of up to one-half of sentence it imposes and is inapplicable when defendant receives life sentence. State v. McCormick, 80 Or App 191, 721 P2d 471, Sup Ct review denied (1986)
Mandatory minimum sentence under this section is not reduced for statutory good time in same way minimum sentence for use of firearm in commission of felony under ORS 161.610 is reduced for statutory good time. Watts v. Maass, 88 Or App 317, 746 P2d 220 (1987)
Failure of counsel to advise criminal defendant of possibility of minimum sentence prior to defendant’s guilty plea is inadequate assistance of counsel under Article I, section 11, of Oregon Constitution and is a substantial denial of constitutional right. Hartzog v. Keeney, 304 Or 57, 742 P2d 600 (1987), as modified by Moen v. Peterson, 312 Or 503, 824 P2d 404 (1991)
Board of Parole had authority to override only one of petitioner’s minimum sentences. Allbee v. State Board of Parole, 99 Or App 201, 781 P2d 873 (1989), Sup Ct review denied
If sentences are ordered to be served consecutively, minimum term of imprisonment on each sentence must be served before defendant is entitled to parole. State v. Duran, 108 Or App 220, 814 P2d 181 (1991)
Minimum term is part of sentence and automatically concurrent or consecutive depending on sentence to which it relates. State v. Duran, 108 Or App 220, 814 P2d 181 (1991)
Although trial counsel’s failure to advise criminal defendant of possibility of minimum sentence under this section before entry of guilty plea may constitute ineffective assistance of counsel under Art. I, sec. 11 of Oregon Constitution where petitioner for post-conviction relief did not raise issue in first post-conviction hearing, he could not attack underlying conviction on that basis in second post-conviction hearing. Martz v. Maass, 110 Or App 391, 822 P2d 750 (1991), Sup Ct review denied
In post-conviction proceeding claiming inadequate assistance of counsel, petitioner must show by preponderance of evidence that, had counsel informed him of possibility of minimum sentence, or had he otherwise been aware of it, he would not have pleaded no contest. Moen v. Peterson, 312 Or 503, 824 P2d 404 (1991)
Even if petitioner obtained psychological exam or treatment and could show he no longer suffers from dangerous condition, he still is not eligible for parole until he serves minimum sentence of dangerous offender sentence imposed to run concurrently with shorter robbery sentence. Sager v. Board of Parole, 121 Or App 607, 856 P2d 329 (1993), Sup Ct review denied
Where board votes to sustain minimum sentence of dangerous offender found to be in remission, parole consideration hearing date required by ORS 144.228 becomes parole release date. Smith v. Board of Parole, 126 Or App 563, 869 P2d 878 (1994)
Prohibition on releasing person convicted of aggravated murder on parole is not applicable to juvenile convicted of aggravated murder because juvenile convicted of aggravated murder is sentenced to indeterminate period of time. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)
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