State v. Webster

Defendant appeals a judgment1 revoking his probationary sentence and sanctioning his probation violations by imposing a 28-month term of incarceration and 24 months of post-prison supervision. Defendant assigns error to the trial court’s reliance on ORS 137.717(1), the repeat property offender (RPO) statute,2 in imposing that sanction. Specifically, defendant argues that our case law distinguishes “statutorily mandated” sentences from “presumptive” sentences. See State v. Hicks, 249 Or App 196, 202, 275 P3d 195, rev den, 352 Or 341 (2012). Relying on that distinction, defendant argues that…