State v. Smith

In this consolidated criminal appeal, defendant seeks remand of his cases for resentencing. He pled guilty to attempted rape in the first degree, ORS 163.375, assault in the second degree, ORS 163.175,1 and sodomy in the first degree. ORS 163.405. On March 18,1986, the trial court ordered him committed to the Oregon State Hospital for psychiatric evaluation, pursuant to ORS 161.735.2 The evaluation was not completed until July 15, 1986, 119 days after it was ordered.3 Thereafter, the trial court found defendant to be a dangerous offender, as defined in ORS 161.725,4 and sentenced him to two…