State v. Maddox

Defendant pled guilty to three charges of theft in the first degree. On two of the charges the trial court sentenced defendant to two five-year terms of imprisonment to run consecutively. On the third charge the trial court suspended imposition of sentence and placed defendant on five years’ probation to begin upon defendant’s release from physical custody for the first two charges. Defendant assigns as error the suspended imposition of sentence on the third charge.

The question presented is whether the trial court was authorized under ORS 137.010 to delay for potentially more than five years…