Oregon v. Vallin

In previous proceedings before the Oregon Supreme Court, the Court agreed with defendant Santiago Vallin that the trial court had erred in imposing a sentence under ORS 137.717(1)(b) (2015). The Court concluded the 2017 version of that statute, Or Laws 2017, ch 673, section 5, governed defendant’s sentence. Accordingly, the dispositional “tag line” of the opinion remanded the case for resentencing. Although he prevailed on the merits, defendant petitioned for reconsideration of the Supreme Court's opinion, specifically seeking modification of the tag line in light of his conditional plea, which he was permitted to withdraw on remand. The state did not file a response in opposition to defendant’s petition. The Supreme Court allowed defendant’s petition for reconsideration and modified its earlier tag line, to remand the case for further proceedings as: “The judgment of the circuit court is affirmed in part and reversed in part, and the case is remanded to the circuit court for further proceedings.”