State v. Johnson

Defendant appeals from an amended judgment purporting to modify an erroneous term in an earlier judgment by noting that the sentence in this case is to be served consecutively to a sentence previously imposed. Defendant contends that the failure to impose the sentence consecutively in the earlier judgment was not an “erroneous term” that can be modified under ORS 138.083, on which the trial court relied. The state argues that the court had inherent authority to amend the judgment to reflect the sentence to which defendant agreed. We conclude that the court lacked authority to amend the…