Legal Opinion

State v. Hubbard

Court of Appeals of Oregon

Decided March 7, 2018No. A161146PublishedCited by 1 opinion

1Opinion of the CourtGarrett, J.

*641Defendant was convicted of murder by abuse, ORS 163.115(1)(c), in 1998. In 2015, he moved the trial court to delete "life in prison" from his sentence as an "erroneous term in the judgment," former ORS 138.083(1)(a) (2015),1 arguing that the life sentence was *499unconstitutional at the time it was imposed. The trial court granted defendant's motion. The state appeals, arguing that the trial court lacked authority to "correct" the 1998 judgment because that judgment was valid under our reasoning in State v. Haynes , 168 Or. App. 565, 7 P.3d 623, rev. den. , 331 Or. 283, 18 P.3d 1101 (2000). We…

2Cases cited8 opinions

  1. State v. WebbOregon Supreme Court · 1996
  2. State v. RudderCourt of Appeals of Oregon · 1995
  3. State v. EastonCourt of Appeals of Oregon · 2006
  4. State v. McLainCourt of Appeals of Oregon · 1999
  5. A.K.H. v. R.C.T.Oregon Supreme Court · 1991

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3Cited by1 opinion

  1. James M. Anderson v. John Bailey, Chairperson, Board of Parole and Post-Prison SupervisionDistrict Court, D. Oregon · 2026

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