- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 11-16-2016
- Case #: A155551
- Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; DeHoog, J.
Defendant assigns error concerning the penalty-phase proceeding of his trial and the sentence of life without parole imposed on remand. Under ORS 138.222(5) the defendant should be able to present arguments related to the true life sentence being imposed. Under ORS 138.222(5) has been construed to mean all errors for review is authorized under ORS 138.222(3 & (4). Further, the court needed to resentence Defendant pursuant to ORS 138.222(5)(a) in order to property the guilty verdicts on the predicate felony counts into a single aggravated murder conviction. In this case the defendant is entitled, under ORS 138.222(5), the defendant is entitled to present evidence pertaining to the resentencing proceedings. The trial court erred when it concluded that our remand order would not allow it to consider Defendant’s arguments pertaining to the true life sentence being imposed a t the resentencing proceedings. Remanded for resentencing, otherwise affirmed.