- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 12-12-2012
- Case #: A145096
- Judge(s)/Court Below: Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
- Full Text Opinion
Defendant appealed the revocation of his probation and the imposition of a 12-month misdemeanor fourth-degree assault sentence arguing the sentence exceeded the maximum sentence for felony fourth degree assault. The trial court sentenced defendant to a presumptive 36-months of probation for felony fourth-degree assault and misdemeanor fourth-degree assault. The Defendant violated his probation for Count 3 and was sentenced to jail. 17-months later, the court sentenced Defendant to 6-months in prison for the felony fourth-degree assaults and 12 months in jail for misdemeanor fourth-degree assault. Defendant appealed claiming a 12-month sentence violated Article 1, Section 16 because it exceeded the maximum sentence following probation revocation. The Court held under ORS 137.010(4), for the revocation of a misdemeanor, the court may b) impose the original sentence. Therefore, in this case, the maximum sentence was 18-months for felony fourth-degree assault which exceeds 12 months for fourth-degree misdemeanor assault.