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Oregon Court of Appeals


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State v. Truong

Summarized by: 

Date Filed: 03-28-2012
Case #: A141597
Armstrong, J. for the Court; Haselton, P.J.; and Brewer, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A141597.pdf

Criminal Procedure: When a defendant is sentenced to serve consecutive prison sentences, the total prison term cannot exceed 400 percent of the maximum for the primary offense in the case.

Defendant appealed his convictions raising a sentencing error. At sentencing, the trial court adopted the prosecutor’s recommendations and sentenced the defendant to 140 months, for a total of 208 months between the two cases. On appeal, the Defendant contended the sentence violated the 400-percent rule. The “400 percent rule” is applied to the sum of consecutive sentences and limits the total prison term to 400 percent of the maximum for the primary offense in the case. Here, the 140-month sentence was four months greater than 400 percent of the maximum 34-month sentence, which the Court found to be a clear error. Even though the defendant did not file a motion to correct the sentence, the Court decided to use its discretion to correct the sentence given the gravity of the error. Reversed and remanded for resentencing; otherwise affirmed.