State v. Partain

In 1967, a defendant had a right, under Oregon statute, to appeal a wrongful conviction. In 1967, a trial court had discretion, under Oregon statutes, to decide the sentence that a defendant should receive if convicted for a second time after a successful appeal. In 1967, in State v. Turner, 247 Or 301, 429 P2d 565 (1967), this court decided a question at the confluence of those statutes: whether a defendant who successfully exercised the right to appeal a wrongful conviction and had it overturned could be subjected to a harsher sentence than that originally imposed. The court decided, in a…