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State v. Coburn

Citations

  • 934 P.2d 579
  • 146 Or. App. 653
  • 1997 Ore. App. LEXIS 229

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that the Supreme Court’s holding in Davis II pertained to the application of the “400%” rule to the indeterminate portion of a dangerous offender sentence
  • a determinate sentence is the part of an indeterminate term “that the offender has to serve before becoming eligible for release to post-prison supervision” (emphasis in original)
  • unlike a sentencing error determined on direct appeal, sentencing error determined on post-conviction did not result in a blank slate on sentencing issues but only for correction of the original error
  • “Irrespective of the shifting arguments of both parties on appeal, it is clear that the issue before us is the same as the one squarely presented to the resentencing courtf.]”
  • where court initially sentenced the defendant as dangerous offender, on remand from post-conviction proceeding, sentencing court was not free to impose a sentence other than a dangerous offender sentence

Source: CourtListener parenthetical corpus (CC0).

Judges: Deits, De Muniz Haselton, De Muniz

Read full opinion on CourtListener

Cited by

9 cases in this archive cite this case.

Cites

10 cases in this archive are cited by this case.

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