Legal Opinion

State v. David

Court of Appeals of Oregon

Decided March 21, 1977No. C 75-09-2796 Cr, CA 7041PublishedCited by 4 opinions

1Opinion of the CourtSchwab, C. J.

Defendant appeals from a sentence of 30 years’ imprisonment imposed under the dangerous offender statute, ORS 161.725, contending that the court had no jurisdiction to impose the sentence.

Defendant was convicted of manslaughter, and was sentenced to a term of imprisonment not to exceed 10 years. The court found defendant to be a dangerous offender, and imposed an additional 20-year sentence to be served consecutively. As the dangerous offender statute does not provide for a separate penalty, but, instead, authorizes a sentence in lieu of the sentence authorized for a particular crime, this…

2Cases cited2 opinions

  1. State v. ThompsonCourt of Appeals of Oregon · 1976
  2. State v. DavidCourt of Appeals of Oregon · 1976

3Cited by4 opinions

  1. State v. HolmesCourt of Appeals of Oregon · 1983
  2. State v. WaltonCourt of Appeals of Oregon · 1995
  3. State v. McCormickCourt of Appeals of Oregon · 1986
  4. State v. BurrCourt of Appeals of Oregon · 1988

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