State v. Glazier

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 11-13-2014
  • Case #: A153214
  • Judge(s)/Court Below: Per Curiam; Ortega, P.J.; DeVore, J.; & Garrett, J.
  • Full Text Opinion

If the trial court commits an error in sentencing that requires resentencing, the appellate court will remand the entire case for resentencing. ORS 138.222(5)(a).

Defendant challenged his convictions of felon in possession of a firearm. Specifically, he asserts that the trial court erred when they determined him to be within sentencing gridblock 6B and subsequently sentenced him to three years of post-prison supervision (along with 21.5 months incarceration). The Court, acting under ORAP 5.45(1), agreed with defendant and remanded the case for resentencing of the post-prison supervision term. Remanded for resentencing; otherwise affirmed.

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