Opinion · Oregon Supreme Court

State v. McFee

323 Or. 662

Type
Opinion
Court
Oregon Supreme Court
Jurisdiction
Oregon
Date
1996-07-18
Topic
general

How later courts describe this case

  • extended term of post-prison supervision under former ORS 144.103 was erroneously ordered on a conviction for sexual abuse I, because that crime was not listed in former ORS 144.103; case remanded for resentencing
  • imposition of post-prison supervision is not a part of the “presumptive sentence”
  • extended term of post-prison supervision under former ORS 144.103 was erroneously ordered on a conviction for Sex Abuse I, because that crime was not listed in ORS 144.103 at the time of the offense; 3 case remanded for resentencing
  • where statute expressly provides that it applies to a number of specific statutory crimes, absence of a crime from those listed indicates that it was intended to be excluded, notwithstanding evidence that the legislature intended that it be included

Citator

UpLaw has not yet analyzed State v. McFee. The absence of a flag is not a finding that it is good law.

Cited by
9 opinions

MEMORANDUM OPINION

Review dismissed as improvidently allowed.