State v. Ferrell

How courts have described this case

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

• holding that, where a defect in the indictment “does not affect the validity of the conviction on any properly alleged underlying offense, the appropriate remedy is to affirm the conviction on the underlying offense and to remand for resentencing”
• observing that a defect in an indictment that affects only sentencing enhancement factor did not affect the validity of entire indictment and require dismissal
• observing that a defect in an indictment that affects only sentencing enhancement factor did not affect the validity of entire indictment and require dismissal
• where an indictment states an otherwise prosecutable offense, a defect in the indictment does not require that the conviction be reversed
• “In the absence of an allegation of an offense-subcategory fact [or], the offense is ranked as the lowest-category version of that offense for purposes of sentencing.”
• “[W]here a defect related to an allegation * * * does not affect the validity of the conviction on any properly alleged underlying offense, the appropriate remedy is to affirm the conviction on the underlying offense and to remand for resentencing.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

• State v. Gornick
  Court of Appeals of Oregon· 2004-12-08· cited 62×
• State v. Boots
  Oregon Supreme Court· 1993-03-25· cited 41×
• State v. Woodall
  Court of Appeals of Oregon· 2013-10-23· cited 27×
• State v. Zelinka
  Court of Appeals of Oregon· 1994-10-05· cited 22×
• State v. Arellano
  Court of Appeals of Oregon· 1997-07-02· cited 21×
• State v. Warren
  Oregon Supreme Court· 2018-12-06· cited 21×
• State v. Woodson
  Oregon Supreme Court· 1993-02-11· cited 20×
• State v. Crain
  Court of Appeals of Oregon· 2001-10-31· cited 20×
• State v. Warren
  Court of Appeals of Oregon· 2004-10-13· cited 17×
• State v. Merrill
  Court of Appeals of Oregon· 1995-10-17· cited 13×
• State v. Hunter
  Court of Appeals of Oregon· 1996-05-15· cited 12×
• State v. Casavan
  Court of Appeals of Oregon· 1996-03-13· cited 7×
• State v. Perez
  Court of Appeals of Oregon· 1993-04-21· cited 7×
• State v. Morales-Aguilar
  Court of Appeals of Oregon· 1993-07-07· cited 4×
• State v. Williams
  Court of Appeals of Oregon· 1993-10-06· cited 4×
• State v. Johnson
  Court of Appeals of Oregon· 1993-09-15· cited 3×
• State v. Griffen
  Court of Appeals of Oregon· 1994-10-26· cited 1×
• State v. Minter
  Court of Appeals of Oregon· 1997-03-05· cited 1×
• State v. Levitt
  Court of Appeals of Oregon· 2025-12-10· cited 1×
• State v. Munazrez-Gutierrez
  Court of Appeals of Oregon· 1993-05-19