State v. Southards

Defendant appeals from a 25-month sentence, imposed consecutive to another sentence, following a conviction for escape in the second degree. ORS 162.155. He asserts that he was denied his right to be heard as to the sentence by the sentencing court, in violation of Article I, section 11, of the Oregon Constitution. We remand for resentencing.

Defendant committed an unauthorized departure from his alternative confinement program and was charged in this case with escape. After his escape, defendant visited a motel where he allegedly assaulted his girlfriend and a man who tried to intervene in…