State v. Holmes

In State v. Turner, 247 Or 301, 313, 429 P2d 565 (1967), we held that after an appeal or post-conviction proceeding has resulted in the ordering of a new trial for errors other than an erroneous sentence, upon a second conviction no greater sentence can be given than that originally imposed.

This case involves a related issue. When a defendant has been twice tried and convicted, in a later probation revocation proceeding is it proper to impose a greater sentence than was imposed following the first conviction?

Because the facts of this case involve two convictions and two different sentences…