State v. Torres

How courts have described this case

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

• remanding for resentencing with- out conducting element-matching analysis where the state had not carried its burden, because it did not establish the elements of defendant’s out-of-state offense nor that that offense matched an Oregon offense
• notice is required only to allege a factual error in the presentence report, not to challenge “the legal consequence of an accurate report”
• “Whether an offense is a lesser included [offense] of a charged crime depends on whether (1) one offense is necessarily included within the other because the elements of the former are subsumed in the latter or (2
• “Whether an offense is a lesser included of a charged crime depends on whether (1) one offense is necessarily included within the other because the elements of the former are subsumed in the latter or (2
• “Whether an offense is a lesser included of a charged crime depends on whether (1) one offense is necessarily included within the other because the elements of the former are subsumed in the latter or (2
• remanding for resentencing based on such error

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• State v. Sanders
  Court of Appeals of Oregon· 2003-08-06· cited 27×
• State v. Barrie
  Court of Appeals of Oregon· 2009-04-15· cited 14×
• State v. Chapman
  Court of Appeals of Oregon· 2006-12-13· cited 10×
• State v. Torres
  Court of Appeals of Oregon· 2002-10-30· cited 7×
• State v. Shields
  Court of Appeals of Oregon· 2021-03-03· cited 5×
• State v. G. K. S.
  Court of Appeals of Oregon· 2025-01-29· cited 1×