- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 12-18-2019
- Case #: A166963
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J.; and Aoyagi, J.
- Full Text Opinion
Defendant appealed sentences imposed in three separate convictions under ORS 811.182, criminal driving while suspended. Defendant argued the trial court erred by determining the immigration consequences of conviction could not be considered a mitigating factor in sentencing. Additionally, Defendant argued that the appeal was not moot despite having fully served several of the imposed sentences because his appeal concerned a collateral consequence that was triggered by the combination of sentences. In response, the State conceded that the trial court erred in concluding that it could not consider immigration consequences a mitigating factor for sentencing and that Defendant's appeal was not moot. “For most misdemeanors, the sentence is entirely a matter of trial court discretion." State v. Rice, 114 Or App 101, 105 (1992). The Court accepted the State’s concession. Remanded for resentencing.