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State v. Link

Summarized by: 

Date Filed: 12-26-2013
Case #: A145157
Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145157.pdf

Criminal Procedure: When some of a defendant's convictions are remanded, the trial court must grant defendant a sentencing proceeding.

Defendant's aggravated murder convictions were remanded to the trial court for resentencing by the Supreme Court. On remand, the trial court refused a new sentencing proceeding.  When the Supreme Court reversed some of Defendant's convictions and remanded the case to the trial court, ORS 138.222(5)(b) requires that the "entire case be remanded for sentencing."  The statute does not make resentencing optional and the court must provide resentencing even if it would impose an identical sentence. This is because resentencing provides Defendant an opportunity to present evidence and argument regarding the sentencing. Thus, the Court of Appeals held that the trial court should have held a new sentencing proceeding.  Additionally, the Court held that Defendant's guilty verdicts should have been merged into single convictions for aggravated murder and burglary. Remanded for merger of convictions; remanded for resentencing; otherwise affirmed.