State v. Muyingo

Defendant appeals from a sentence imposed on one count of first-degree criminal mistreatment, ORS 163.205, after our remand in State v. Muyingo, 171 Or App 218, 15 P3d 83 (2000), rev den, 332 Or 431 (2001). (Muyingo I). He contends that the trial court lacked authority on remand to modify his sentence on the criminal mistreatment count for numerous reasons. In particular, defendant argues that (1) our remand in the prior case did not authorize the resentencing; (2) the trial court lacked authority to modify the sentence because the sentence had been executed; and (3) in any event, the…