Court of Appeals of Oregon· 11/3/2010

State v. Newell

Citations

242 P.3d 709
238 Or. App. 385
2010 Ore. App. LEXIS 1286

How courts have described this case

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

concluding that ORS 137.123 “has no application in the context of probation violation proceedings”
concluding that ORS 137.123 “has no application in the context of probation violation proceedings”
explaining that the Oregon Sentencing Guidelines Implementation Manual 170 (1989) “provides that ‘[t]he sanctions described by [OAR 213-010-0002] are penalties for supervision violation and do not directly relate to the crime of conviction’” (brackets and emphasis in Newell)
explaining that the Oregon Sentencing Guidelines Implementation Manual 170 (1989
the imposition of probation revocation sanctions pursuant to OAR 213-012-0040(2) does not constitute the imposition of a “sentence” under ORS 137.123
“If the legislature uses different terms in statutes, we generally will assume that the legislature intends different meanings for those terms.” (Internal quotation marks omitted.)

Source: CourtListener parenthetical corpus (CC0).

Judges: Landau, Schuman, Ortega

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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.