State v. Richards

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Parole and Post-Prison Supervision
  • Date Filed: 09-14-2017
  • Case #: S063979
  • Judge(s)/Court Below: Landau, J. for the Court; Balmer, C.J.; Kistler, J.; Walters, J.; Brewer, J.; Nakamoto, J.; & Flynn, J.
  • Full Text Opinion

A trial court is prohibited from revoking probation or imposing additional sanctions “after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency....” ORS 137.595(3).

Defendant appealed from a Court of Appeals ruling that affirmed a trial court order revoking probation. Defendant assigned error to the Court of Appeals determination that ORS 137.593(3) does not prevent a trial court from revoking probation as an additional sanction for probation or post-prison supervision violations. Defendant argued that ORS 137.593(3) limits the trial court’s authority from revoking probation as an additional sanction when a defendant already has completed a sanction for a post-prison supervision violation. The State countered that ORS 137.593(3) precludes additional sanctions if the probationer violated probation but the statute does not include post-prison supervision. A trial court is prohibited from revoking probation or imposing additional sanctions “after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency....”  ORS 137.595(3). The Oregon Supreme Court held that ORS 137.593(3) “prohibits a sentencing court from revoking probation or imposing additional sanctions for a probation violation only when the probationer already has completed intermediate administrative sanctions for that probation violation.” Accordingly, the Supreme Court found that the Court of Appeals did not err in affirming the trial court’s order because Defendant completed a sanction for violating his post-prison supervision, not for violating his probation. Affirmed.

 

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