State v. Turner

The defendant was convicted of assault with intent to rob and was sentenced to five years’ imprisonment. He appealed and his conviction was reversed for constitutional error committed at his trial. State v. Turner, 241 Or 105, 404 P2d 187 (1965). He was retried before a different judge, convicted and sentenced to seven years’ imprisonment with credit allowed for two years already served on the former sentence.

Defendant appeals solely upon the ground that the second trial court could not constitutionally impose a sentence longer than one amounting to five years’ imprisonment with credit for…