State v. Burt

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Sentencing
  • Date Filed: 07-01-2015
  • Case #: A153407
  • Judge(s)/Court Below: PER CURIAM; Sercombe, P.J.; Tookey, J.; Edmonds, S.J.
  • Full Text Opinion

Where a trial court sentences a defendant to a certain number of months in prison and a certain number of months of post-prison supervision, but gives credit for "time actually served," that sentence is unlawfully indeterminate for failure to state the length of the incarceration and the post-prison supervision.

Defendant appealed a sentence imposed for a conviction for second-degree assault under ORS 163.175 and fourth-degree assault under 163.160. The sentence included 120 months in prison and 36 months of post-prison supervision, with the latter to be reduced by time actually served. On appeal, Defendant argued this sentence exceeded the statutory maximum of ten years and that it was unlawfully indeterminate for its failure to state the length of incarceration and length of post-prison supervision. The State conceded that the trial court plainly erred. Remanded for resentencing; otherwise affirmed.

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