State v. Lewallen

Defendant appeals a corrected judgment entered by the trial court pursuant to ORS 138.083. He contends that the court erred in denying part of the relief requested in his motion to modify the judgment. We conclude that the trial court did not abuse its discretion in denying the relief in question and, therefore, affirm.

In 2002, following a jury trial, the trial court entered a judgment convicting defendant of one count of first-degree assault and two counts of first-degree robbery. On the assault conviction, the trial court imposed an upward departure sentence of 180 months and, with respect…