State v. Silsby

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 11-09-2016
  • Case #: A154131
  • Judge(s)/Court Below: Lagesen, P.J. for the Court; Schuman, S.J.; & Garrett, J.
  • Full Text Opinion

A stipulated sentence is “illustrated in” ORS 135.407 and ORS 138.222(2)(d) will prevent review on appeal.

Defendant was incarcerated for violating probation. On appeal, Defendant claimed that the sentence was longer than allowed by the sentencing guidelines, therefore the trial court lacked authority to impose it. In response, the State claimed that there was no appellate jurisdiction, and even if allowed, review was barred. The Court reasoned that a sentence is illustrated and barred if its implemented pursuant to an agreement, a specific sentence, and trial court imposed it. Looking at legislative intent, the Court concluded that it would be “inconceivable” to allow stipulated sentence review. Therefore, since Defendant's stipulated sentence is “illustrated" under ORS 135.407, ORS 138.222(2)(d) will prevent review on appeal. Affirmed.

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