State v. Fern

Defendant pled no contest to a charge of assault. ORS 163.175. He appeals and challenges the sentence. We affirm.

Defendant first assigns error to the trial court’s alleged failure to allow him his right of allocution at his sentencing hearing. Or Const, Art I, § 11. He relies on DeAngelo v. Schiedler, 306 Or 91, 757 P2d 1355 (1988), in which the trial court had refused to hear the defendant when she tried to speak at her sentencing. The Supreme Court held that the Oregon Constitution gives a defendant the right to be heard at sentencing and that that right had been violated by the trial…