Sentence imposed on dangerous offender as departure from sentencing guidelines
Source:
Section 161.737 — Sentence imposed on dangerous offender as departure from sentencing guidelines, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Where presumptive sentence could be determined from the record, trial court complied with statutory requirement to indicate presumptive sentence in written judgment. State v. Warren, 122 Or App 334, 857 P2d 876 (1993), Sup Ct review denied
Pre-1993 dangerous offender sentence is departure sentence within sentencing guidelines. State v. Davis, 315 Or 484, 847 P2d 834 (1993). But see State v. Coburn, 146 Or App 653, 934 P2d 579 (1997)
Entire indeterminate term of pre-1993 dangerous offender statute is incarceration term subject to limitations on consecutive sentences. State v. Davis, 315 Or 484, 847 P2d 834 (1993). But see State v. Coburn, 146 Or App 653, 934 P2d 579 (1997)
Where 30-year dangerous offender sentence exceeded prescribed statutory maximum sentence, imposition of dangerous offender sentence based on finding of fact by court violated defendant’s federal constitutional right to have fact proved to jury beyond reasonable doubt. State v. Warren, 195 Or App 656, 98 P3d 1129 (2004), Sup Ct review denied
Where trial court imposed determinate sentence on defendant and sentence was more than 400% of presumptive sentencing grid block set out in sentencing guidelines, sentence was beyond legal limit because “400% rule” that limits upward departure of sentencing to no more than 400% of presumptive sentence applies to determinate sentences when trial court imposes sentence enhancement discretion under this section. State v. Worth, 274 Or App 1, 360 P3d 536 (2015), Sup Ct review denied
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