State v. Bryant

Defendant appeals from an amended judgment which modified his sentence for escape in the second degree from two and one-half to five years. Defendant contends that the trial court did not have authority to amend the judgment and that, in the absence of authority, the modification constitutes cruel and unusual punishment. ORS 138.050. We affirm.

On May 4, 1987, defendant appeared for sentencing on the escape conviction and for a probation violation hearing involving two previous convictions. The court imposed a five-year sentence on the escape conviction, revoked the earlier probation and…