State v. Lincoln

This appeal is from a sentence to two years’ imprisonment for burglary. ORS 164.240.

In May 1967, defendant was convicted and sentenced to be imprisoned in the Oregon State Penitentiary for one year. He appealed and the conviction was affirmed. State v. Lincoln, 250 Or 426, 443 P2d 178 (1968). He was free on bail pending decision on appeal. The mandate from the Oregon Supreme Court to the trial court was entered “as a judgment” on July 23, 1968, and affirmed the original judgment “in all things.” It commanded the trial court to proceed to final determination and execution of the original…