State v. Sierra

This court reversed two of defendant’s nine convictions and remanded the case for resentencing on the remaining convictions. State v. Sierra, 349 Or 506, 254 P3d 149 (2010), modified and adh’d to on recons, 349 Or 604, 247 P3d 759 (2011). On remand, a different judge, who did not preside over defendant’s original trial, imposed a longer total sentence than had the original trial court. This case requires us to decide two issues: first, whether Oregon common law or the federal Double Jeopardy Clause precludes the second sentencing court from imposing new sentences on defendant’s convictions…