State v. Zolotoff
Court of Appeals of Oregon
1Opinion of the CourtHadlock, J.
This case relates to the scope of authority that a trial court has when it regains jurisdiction after this court remands a criminal case for resentencing. As we explain below, when this court orders a “remand for resentenc-ing” without expressly limiting the scope of remand, the trial court must resentence the defendant on each surviving count of conviction, and it may change the terms of the defendant’s sentences, so long as the newly imposed sentences are lawful. In an earlier appeal in this case, in which defendant was convicted of multiple crimes, we reversed and remanded for merger of…
2Cases cited17 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
- State v. WyattOregon Supreme Court · 2000
- State v. EdsonOregon Supreme Court · 1999
- State v. CorkillCourt of Appeals of Oregon · 2014
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3Cited by10 opinions
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