State Ex Rel. O'Leary v. Jacobs

At issue is the extent of a circuit court judge’s sentencing authority under ORS 137.010(4), which reads as follows:

“The power of the judge of any court to suspend execution of sentence or to grant probation to any person convicted of a crime shall continue until the person is delivered to the custody of the Corrections Division.”

Specifically, does the above-quoted statute prevent a circuit court judge from ordering probation for a convicted felon who, after sentencing, obtained release from the state penitentiary during the pendency of his appeal, and who was before the judge for…