State v. Hernandez
State v. Hernandez
50 Or. App. 175; 622 P.2d 335; 1981 Ore. App. LEXIS 2270
State v. Hernandez
Opinion of the Court
The state concedes that the trial court erred in failing to obtain an updated presentence investigation before imposing the sentence. Although the court determined that a supplement was unnecessary, and the district attorney appeared to concur in that conclusion, defendant did not sign a written waiver. On the contrary, defendant voiced an express desire to have an additional presentence report submitted to the court. Accordingly, the case is remanded for resentencing.
Remanded for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.