State v. Wimber

Defendant was convicted on three counts of sexual abuse in the first degree, ORS 163.425, and was sentenced to five years’ imprisonment on each count. He moved to stay the sentences pending appeal. That motion initially was denied on the ground that a request to stay a sentence on appeal should be addressed to the trial court in the first instance.

Defendant then moved the trial court for release, arguing that he was entitled to be admitted to bail pending appeal, citing Oregon Constitution, Article I, section 14; Hanson v. Gladden, 246 Or 494, 495, 426 P2d 465 (1967); Thomas v. Gladden, 239…