Sentences imposed upon waiver
Source:
Section 161.620 — Sentences imposed upon waiver, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
This section prohibits imposition of any minimum prison term on remanded juvenile, except if conviction is under ORS 163.105; overruling State v. Noble, 94 Or App 123, 764 P2d 949 (1988). Wells v. Peterson, 111 Or App 171, 826 P2d 13 (1992), aff’d on other grounds, 315 Or 233, 844 P2d 192 (1992)
“Mandatory minimum sentence” means statutorily required minimum sentence. State v. Jones, 315 Or 225, 844 P2d 188 (1992); Engweiler v. Board of Parole, 343 Or 536, 175 P3d 408 (2007)
Where juvenile is convicted of crime specifically subjecting juvenile to mandatory minimum sentence, general prohibition against mandatory minimum sentence for juvenile does not apply. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied
Determinate sentence imposed under sentencing guidelines is not “mandatory minimum sentence.” State v. Davilla, 157 Or App 639, 972 P2d 902 (1998), Sup Ct review denied
Features of “mandatory minimum sentence” include: 1) requirement that court impose sentence; 2) specified duration that court may not reduce; and 3) confinement of person. State v. Kennedy, 196 Or App 681, 103 P3d 660 (2004)
Statute has no application to authority of Board of Parole and Post-Prison Supervision to adopt rules allowing for parole release by juveniles convicted of aggravated murder. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)
Law Review Citations
75 OLR 1223 (1996); 52 WLR 61 (2015)
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