Legal Opinion

State v. Smith

Court of Appeals of Oregon

Decided January 25, 1989No. 88Cr-0069; CA A47868PublishedCited by 3 opinions

1Opinion of the CourtWarren, J.

Defendant pled guilty to burglary in the second degree, ORS 164.215, and was sentenced to a term of five years with an eighteen month minimum, which the trial court ordered “shall run consecutively to the sentence defendant shall serve in the state of Utah” for parole violations. The issue is whether the trial court erred in ordering the consecutive sentence. We affirm.

At the time of sentencing, defendant was in violation of his parole for absconding from Utah, where he had been sentenced in 1979 for burglary and in 1981 for robbery. Oregon filed a “fugitive complaint for a parole absconder.”…

2Cases cited5 opinions

  1. Anderson v. CorallSupreme Court of the United States · 1923
  2. Anderson v. AlexanderOregon Supreme Court · 1951
  3. State v. DeChenneCourt of Appeals of Oregon · 1979
  4. State v. MastrilliCourt of Appeals of Oregon · 1983
  5. State v. MastrilliCourt of Appeals of Oregon · 1983

3Cited by3 opinions

  1. Ventris v. MaassCourt of Appeals of Oregon · 1989
  2. State v. AndersonCourt of Appeals of Utah · 2007
  3. State v. AndersonCourt of Appeals of Utah · 2007

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