Legal Opinion

State v. Berkey

Court of Appeals of Oregon

Decided August 3, 1994No. 91-00342CR, 91-00343CR, 91-00344CR; CA A78650, A78651, A78652PublishedCited by 6 opinions

1Per curiam

Defendant appeals his conviction for sodomy in the first degree. ORS 163.405. We affirm his conviction without discussion and remand for entry of an amended judgment correcting the term of post-prison supervision.

Defendant challenges the imposition of a 15-year term of post-prison supervision pursuant to ORS 144.103, arguing that the correct term is three years. ORS 144.103 applies to sentencing for crimes that occurred after September 29, 1991,1 and the crime for which defendant was convicted occurred in 1990. Although defendant did not object to the post-prison supervision term, the state…

2Cases cited2 opinions

  1. State v. LyonsCourt of Appeals of Oregon · 1993
  2. State v. MinniearCourt of Appeals of Oregon · 1993

3Cited by6 opinions

  1. Fernandez v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 1995
  2. State v. OwenCourt of Appeals of Oregon · 1996
  3. State v. BrockCourt of Appeals of Oregon · 1996
  4. State v. DavisCourt of Appeals of Oregon · 1997
  5. State v. ToddCourt of Appeals of Oregon · 1996

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