State v. Rudnick

• Court: Oregon Court of Appeals
• Area(s) of Law: Sentencing
• Date Filed: 12-31-2014
• Case #: A153786
• Judge(s)/Court Below: Sercombe, P.J. for the Court; Hadlock, J.; & Tookey, J.

It is a plain error to expose a defendant to six months of additional supervision; if such an error can be easily remedied, the Court may exercise its discretion to correct it.

Defendant was convicted of fourth-degree felony assault, and interference with making a report, and was sentenced to three probation. After violating this probation, it was extended plus a 120-day jail sentence. After additional violations came to light, Defendant’s probation was revoked and a jail sentence was imposed. On appeal, Defendant argued the trial court erred sentencing him to a longer term than was imposed but suspended in the judgment that continued probation, the 120-day jail sentence. The Court found the trial court erred in sentencing Defendant for longer than the previously imposed sentence. Reversed and remanded.

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