State v. Cotton

The defendant, Cletis Cotton, plead guilty in Multnomah county to an indictment charging him with the crime of burglary not in a dwelling, and on February 7, 1964 was sentenced to imprisonment in the county jail for a period of twelve months. The state moved to vacate the sentence on the ground that the court had no jurisdiction to sentence defendant to the county jail when the exclusive penalty provided by statute was imprisonment in the penitentiary for a term not exceeding ten years. The court on February 24, 1964 vacated the original sentence and sentenced the defendant to imprisonment in…