Nissel v. Pearce

*104PETERSON, C. J.

This case is before us on certification from the United States District Court for the District of Oregon pursuant to ORS 28.200.1 The two questions certified are:(1) Does the sentencing judge have final authority to order credit for time served on each charge on consecutive sentences?(2) When a criminal defendant is given consecutive sentences, is the defendant entitled to credit for time served on each charge under ORS 137.320(4)?

We answer both questions in the negative.

THE FACTS

The plaintiff was convicted of Robbery in the Second Degree and attempted Burglary in the Second…