State v. Ferguson

The state appeals from a judgment imposing an 18-month dispositional departure sentence of imprisonment for the crime of escape in the second degree, ORS 162.155, and then suspending the execution of that 18-month sentence and placing defendant on probation for a period of 60 months. The state argues that, under the sentencing guidelines, the court had the authority either to sentence defendant to a prison term as a dispositional departure sentence or to impose a sentence of probation, but that it lacked authority to impose and then suspend execution of a prison sentence. Defendant concedes…