Legal Opinion

State v. Casiano

Court of Appeals of Oregon

Decided August 22, 2007No. 04FE0211; A128972PublishedCited by 2 opinions

1Opinion of the CourtLandau, P. J.

In this criminal appeal, defendant challenges only his sentence, arguing that the trial court committed plain error in concluding that his conviction and sentence are subject to ORS 137.635. 1 We conclude that defendant is correct and therefore vacate the sentence and remand for resentencing.

The relevant facts are not in dispute. Defendant was charged in Crook County Circuit Court with one count of burglary in the first degree, ORS 164.225, based on conduct committed on or about November 17, 2004. On April 7, 2005, defendant pleaded guilty to the charge.

On April 11, 2005, in Deschutes County…

2Cases cited7 opinions

  1. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  2. State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
  3. State v. AdamsOregon Supreme Court · 1993
  4. State v. AllisonCourt of Appeals of Oregon · 1996
  5. Burdge v. PalmateerOregon Supreme Court · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. BergerCourt of Appeals of Oregon · 2017
  2. State v. VargasCourt of Appeals of Oregon · 2015

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