State v. Estey

Defendant appeals an amended judgment sentencing him to 225 months’ incarceration, arguing that the trial court lacked authority to enter that judgment under ORS 138.083, because the original judgment did not contain any erroneous terms or factual errors. We affirm.

In 1997, defendant was convicted of 20 counts of first-degree sexual abuse and was sentenced to 75 months’ incarceration for each count. The sentencing court orally ordered defendant to serve certain sentences consecutively for a total of 225 months. The court’s written judgment, however, provided for consecutive sentences that…