- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 07-09-2014
- Case #: A154308
- Judge(s)/Court Below: Lageson, J. for the Court; Duncan, P.J.; and Wollheim, J.
- Full Text Opinion
Defendant was convicted of multiple offenses and at sentencing requested the trial court determine her eligibility for alternative incarceration programs (AIPs). The trial court followed ORS 137.750(1) (1997) to determine Defendant was ineligible for AIPs because it found "substantial and compelling reasons to order that AIP would not be appropriate." On appeal, Defendant argued that the trial court applied the wrong statute; the Court agreed. The Court held that the trial court should have applied ORS 137.751(1), under which a trial court no longer has to find substantial and compelling reasons; instead, the burden is on Defendant to show that the eligibility requirements are met. The Court found, however, that Defendant was "actively instrumental" in bringing about the error and therefore invited it. Affirmed.