Oregon v. Lane
Annotate this CaseOregon's sentencing guidelines provided that, if a defendant with multiple terms of probation commits a single probation violation, any resulting terms of incarceration must be imposed concurrently, not consecutively. The state argued that, in consequence of the probation violation, the trial court should revoke probation and impose consecutive sentences of incarceration on each count in defendant David Lane's case, in light of the fact that the original charges involved four different victims. Defendant objected, arguing that, under the applicable provision of the sentencing guidelines, any terms of incarceration imposed as a result of a single probation violation must be served concurrently. In response, the state argued that, notwithstanding the guidelines, the court had authority to impose consecutive sentences under Article I, section 44(1)(b). The trial court agreed with the state, concluding that, under Article I, section 44(1)(b), it was "allowed to give consecutive sentences in this case, based upon the fact that there were four separate victims." The Court of Appeals reversed, concluding that, because the imposition of terms of incarceration as a sanction for probation violation is not "sentenc[ing] * * * for crimes" within the meaning of Article I, section 44(1)(b), there was no conflict, so the guidelines provision validly prohibited the imposition of consecutive sentences. The Supreme Court reversed, concluding that the trial court correctly determined that the guidelines provision conflicted with Article I, section 44(1)(b). "Imposing terms of incarceration as a sanction upon probation revocation amounts to 'sentenc[ing] * * * for crimes' within the meaning of the constitution. Article I, section 44(1)(b), therefore controls, and the conflicting provision of the guidelines is invalid."
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