- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 12-27-2012
- Case #: A146167
- Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
- Full Text Opinion
Defendant appealed his sentence of life in prison for a conviction of murder. The murder occurred on August 26, 1999 and the sentence of life was handed down under ORS 163.115(5) (1997). Defendant contended that the sentence of "life imprisonment," for murder, is a violation of the ex post facto provisions of the state constitution and sought to remand his case with instructions for re-sentencing. Defendant argued that his sentence must be construed under the Oregon Supreme Court holding in McClain, because his crime was committed between the time that this case was decided and the legislative amendment to the unconstitutional provisions of ORS 163.115(5), a period of time know as the "McClain window." The State disputed this argument, arguing that the Defendant's sentence was not unconstitutional because Defendant's sentence was not as severe as the sentences formerly handed down under ORS 163.115(5). The Court of Appeals held that because the murder took place after ORS 163.115(5), which was held unconstitutional, and before the legislature passed an amended version of the statute, Defendant's sentence must comport with the ruling of McClain and may not impose a sentence greater than 300 months of prison followed by a lifetime of post-prison supervision. Reversed in part, affirmed in part and remanded.