State v. Parkerson
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In the case before the Supreme Court of the State of Oregon, the defendant, William Jack Parkerson, had been convicted of assault in the first degree and sentenced under Oregon’s dangerous offender statutes. The defendant appealed his sentence, arguing that the trial court had violated ORS 161.735 by sentencing him as a dangerous offender without reviewing new presentence investigation and psychological evaluation reports specifically prepared for this case. He also argued that the determinate part of his sentence exceeded the maximum sentence allowed by ORS 161.605 and OAR 213-008-0003(2).
The Supreme Court of Oregon affirmed in part and reversed in part. The court agreed with the defendant that the trial court had erred in sentencing him as a dangerous offender using old presentence investigation and psychological evaluation reports. The court held that ORS 161.735 requires the court to consider new reports prepared for the case. Therefore, the case was remanded to the lower court for resentencing.
However, the Supreme Court of Oregon disagreed with the defendant's argument that the determinate part of his sentence exceeded the statutory maximum. The court concluded that the maximum determinate part of a dangerous offender sentence that may be imposed is twice the presumptive sentence under the sentencing guidelines, and thus, the 260-month determinate part of the sentence imposed by the trial court did not exceed the maximum allowed by the statute.
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