General Provisions

ORS 161.710
Reduction of certain felony driving offenses after completion of sentence


Notwithstanding ORS 161.525 (“Felony” described), the court has authority, at any time after a sentence of probation has been completed, to enter judgment of conviction for a Class A misdemeanor for a person convicted of criminal driving while suspended or revoked under ORS 811.182 (Criminal driving while suspended or revoked) committed before September 1, 1999, and constituting a felony if:

(1)

The suspension or revocation resulted from habitual offender status under ORS 809.640 (Procedures on habitual offender determination);

(2)

The person successfully completed the sentence of probation; and

(3)

The court finds that, considering the nature and circumstances of the crime and the history and character of the person, it would be unduly harsh for the person to continue to have a felony conviction. [2017 c.439 §2]
§§ 161.705 to 161.735

Notes of Decisions

By enacting this section, the legislature intended to authorize a compromise of all Class C felonies which could be punished "as a misdemeanor." State v. Dumond, 270 Or 854, 530 P2d 32 (1974)

Imposition of one-year jail term upon conviction of criminal activity in drugs was within maximum sentence authorized for crime, was imposed after defendant had violated probation, and did not shock the conscience. State v. Davis, 31 Or App 439, 570 P2d 683 (1977), Sup Ct review denied

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021