State v. Orcutt

In January 2013, defendant received a downward departure sentence of probation as a result of her conviction for two counts of identity theft, ORS 165.800.1 At that time, the statutory presumptive sentence for each of those convictions for a person with defendant’s criminal history was 34 months in prison. ORS 137.717(1) (2012), amended by Or Laws 2013, ch 649, § 5. Shortly after the judgment of conviction, ORS 137.717(1) was amended to decrease the presumptive sentence for identity theft. Or Laws 2013, ch 649, § 5. The amendment to ORS 137.717(1) applies to “sentences imposed on or after…