Opinion · Court of Appeals of Oregon

State v. Mastrilli

62 Or. App. 464

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1983-04-06
Topic
general

How later courts describe this case

  • “Imposing a sentence consecutive to an as yet unexecuted sentence is impermissible.”

Citator

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Cited by
7 opinions
PER CURIAM

Defendant was convicted of burglary. He assigns six errors on appeal. We find merit only in the last, which concerns the sentence imposed. The trial judge directed that, inter alia, the sentence be served consecutively “* * * to any time the defendant is [hereafter] ordered to serve as a result of parole violation in Montana if the defendant is returned to Montana before this sentence is served.” Imposing a sentence consecutive to an as yet unexecuted sentence is impermissible. See State v. DeChenne, 39 Or App 901, 594 P2d 831 (1979); State v. Ward, 59 Or App 42, 650 P2d 164 (1982).

The state agrees that, if the challenged phrase is deemed impermissible, it may be deleted without remanding the case for resentencing. See Or Const, Art VII (Amended), § 3. It is so ordered.

Judgment of conviction affirmed. Sentence modified by deleting requirement that defendant serve the term imposed consecutively to any sentence which may be imposed for parole violation in Montana.