- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 10-05-2022
- Case #: A175869
- Judge(s)/Court Below: Aoyagi, J. for the Court; James, P.J.; and Joyce, J.
- Full Text Opinion
The trial court sentenced Defendant to 60 months of probation. Defendant argued the judge violated ORS 137.633 when they ordered Defendant was not eligible for earned discharge. The State conceded that the court erred. ORS 137.633(1) does not allow room for a sentencing court to deny earned discharge. The text of the statute is plain, “a person who is (1) convicted of a felony or designated drug related misdemeanor and (2) sentenced to probation or incarceration is eligible for a reduction in period of probation for complying with terms of probation.” The Legislature would have made it explicit if it intended to allow the court to decide the eligibility for sentence reduction programs. Remanded for resentencing; otherwise affirmed.