State v. French

YR AGÜEN, S. J.

Defendant appeals from the judgment of the trial court amending his sentence imposed after revocation of probation. He contends that the trial court lacked authority to amend the sentence after he was delivered to the custody of the Department of Corrections, and that, even if the trial court had authority to modify the judgment, it was error to do so without providing him with notice and an opportunity to be heard. We review the record for legal error, see ORS 138.222(4)(a), vacate the amended judgment, and remand to the sentencing court for further proceedings.

The facts are…