Legal Opinion

State v. Pierre

Court of Appeals of Oregon

Decided July 18, 1977No. 75-246C, CA 7742PublishedCited by 8 opinions

1Opinion of the CourtSchwab, C. J.

Defendant appeals from her conviction of the sale of an unregistered security, ORS 59.055, and contends that the sentence imposed by the court — a suspended five-year prison term and a fine of $5,000 — exceeded the maximum permissible by statute. Defendant contends that as a conviction under ORS 59.055 does not require proof of a culpable mental state, under ORS 161.105(2), she may be sentenced only for a violation which is punishable by a maximum fine of $250. ORS 161.635(3).

As part of its revision of the criminal code in 1971, the legislature enacted ORS 161.095(2), which provides:

"Except…

2Cases cited7 opinions

  1. Monaco v. United States Fidelity and Guaranty Co.Oregon Supreme Court · 1976
  2. State v. WhiteakerOregon Supreme Court · 1926
  3. Blalock v. CITY OF PORTLANDOregon Supreme Court · 1955
  4. Moe v. CoeOregon Supreme Court · 1928
  5. Marshall v. HarrisOregon Supreme Court · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. RainoldiCourt of Appeals of Oregon · 2010
  2. State v. EmmichCourt of Appeals of Oregon · 1978
  3. State v. JacobsCourt of Appeals of Oregon · 1981
  4. State v. Von Eil EyerlyCourt of Appeals of Oregon · 1978
  5. State v. WolfeCourt of Appeals of Oregon · 1979

3 more not listed; retrieve them via the Exa API.

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