- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 06-03-2021
- Case #: A169187
- Judge(s)/Court Below: Kamins, J. for the Court; Lagesen, P.J.; & James, J.
- Full Text Opinion
Defendant appealed a conviction of six counts sexual abuse in the first degree and assigned error to the trial court's imposition of a sentence for a felony sexual offense without first providing a presentence investigatory report (PSI), as required under ORS 144.791. On appeal, Defendant argued that sentencing a person without the required PSI was a legal error that requires resentencing under State v. Biles. In response, the State argued that Biles was not controlling because that decision addressed a previous version of the statute, and the current version reflects a "legislative intent to make the PSI 'contingent... on the conduct and preferences of the defendant, the state, and the sentencing court.'" Pursuant to ORS 144.791, the trial court must obtain a PSI before sentencing a defendant for a felony sexual offense. State v. Biles, 87 Or 63, 68, 597 P2d 808 (1979).The Court held that the new iteration of ORS 144.791 did not remove the PSI requirement and that Biles is still controlling. Remanded for resentencing; otherwise affirmed.