State v. Lewallen

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 04-02-2014
  • Case #: A150275
  • Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; and Haselton, C.J.
  • Full Text Opinion

Under ORS 138.083, a court is not required to grant a motion to correct an alleged error with a hearing, rather, the court has discretionary authority to grant or deny such relief.

Defendant appealed a corrected judgment entered by the trial court. Defendant was convicted of one count of first-degree assault and two counts of first-degree robbery. Defendant filed a motion to modify the judgment, requesting the trial court to modify the judgment to state he was eligible for sentence-modification programs, merge the two robbery convictions, and modify the departure sentence for assault. The trial court granted the first two motions, but denied the Defendant’s request regarding the departure sentence. Defendant argued that the court erred in denying his motion, stating that the court did not have discretion with respect to the relief requested under ORS 138.083. The Court held that the trial court had discretionary authority with regards to the relief requested. There was no abuse of discretion because the trial court held a hearing and listened to each side’s arguments. Affirmed.

Advanced Search