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State v. Jacobs

Citations

  • 117 P.3d 290
  • 200 Or. App. 665
  • 2005 Ore. App. LEXIS 911

How courts have described this case

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

  • stating that a defen- dant has a right to be present when the court announces a sentence and to object thereto
  • explaining that a defendant has a statutory and constitutional right to be present at sentencing and the trial court’s failure to “pronounce the sentence in open court in [the] defendant’s presence” violated that right
  • identifying the statutory source as ORS 137.030 and the constitutional sources as Article I, section 11, of the Oregon Constitution, and the Fourteenth Amendment to the United States Constitution
  • hold- ing that trial court’s error in pronouncing judgment out- side the defendant’s presence was not harmless, because it denied the defendant the opportunity to plead for leniency or make any other argument or statement about his sen- tence
  • remanding for resentencing under similar circumstances

Source: CourtListener parenthetical corpus (CC0).

Judges: Landau, Armstrong, Deits

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.