- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 09-09-2021
- Case #: A171615
- Judge(s)/Court Below: James, P.J. for the Court; Kamins, J.; & Kistler, S.J.
- Full Text Opinion
Defendant was convicted of DUII, reckless driving, and refusal to take a test for intoxicants. Defendant appealed that the sentence imposed by the trial court violated ORS 137.123, which "bars consecutive sentences except under certain circumstances." The trial court executed 90 days DUII sentence but suspended the remaining jail time on all convictions and ordered that if Defendant later violated probation, then sentences would run consecutively. ORS 137.123 generally bars consecutive sentences except under certain circumstances. The Court held that the record is insufficient to support the imposition of consecutive sentence because the charges are all predicated on a single act. The Court reasoned that there was no evidence of willingness to commit multiple offenses. Reversed and remanded.