- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 12-31-2014
- Case #: A155076
- Judge(s)/Court Below: De Muniz, S.J. for the Court; Armstrong, P.J.; & Egan, J.
- Full Text Opinion
State appealed the trial court’s suspension of Defendant’s jail sentence. Defendant was charged with a Class C felony because Defendant was convicted of a third DUII within a ten-year period. Under ORS 813.011(3), a 90-day jail sentence is mandatory without reduction for any reason upon conviction of a class C felony. The trial court suspended the execution of a 90-day jail sentence. State appealed, claiming that the trial court is not authorized to suspend the 90-day jail sentence.The Court reviewed the statutory construction and legislative history of the ORS 813.011 and determined that a court cannot suspend or reduce the execution of the 90-day jail sentence in any way. Remanded for resentencing, otherwise affirmed.