- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 04-07-2021
- Case #: A171601
- Judge(s)/Court Below: DeVore, P.J. for the Court; DeHoog, J.; & Mooney, J.
- Full Text Opinion
Defendant appealed an amended judgment which increased his sentence on a count of second-degree assault under ORS 163.175. The trial court initially entered a sentence of 70 months, which upon entry of an amended judgment, was increased to 120 months. Defendant assigned error to the trial court’s entry of the amended judgment without providing notice or an opportunity to be heard, in violation of his constitutional rights. Defendant also requested the reinstatement of his original 70-month sentence. The state sought remand of the case because the trial court had authority under ORS 137.172 to amend the 70-month sentence, which was likely a clerical error. Pursuant ORS 137.172, a trial court retains authority after entry of judgment to modify the judgment in order to remedy any clerical errors or erroneous terms. State v. Johnson, 242 Or App 279, 285, 255 P3d 547, rev den, 350 Or 530 (2011). The Court reasoned that, although a trial court would typically lose authority over a case after entry of judgment, ORS 137.172 provided the authority to remedy clerical errors. Because the trial court had the authority to modify Defendant’s sentence, the Court remanded for further proceedings. Amended judgments vacated and remanded; otherwise affirmed.