State v. Franklin

Defendant appeals contending that his sentence is invalid because the trial court did not state its reasons for the sentence as required by ORS 137.120(2). We have hitherto held that such cases require remand for the imposition of new sentences with statements of reasons. State v. Smith, 34 Or App 539, 579 P2d 261 rev pending (1978).

The state defends the judgment and seeks to avoid remand on two bases. First, the reasons need not be articulated because the court merely accepted a plea bargain. This argument cannot prevail, however, because the court must exercise its own independent judgment,…