Court of Appeals of Oregon, 1981

State v. Hernandez

State v. Hernandez
Court of Appeals of Oregon · Decided January 26, 1981 · Joseph, Warren
50 Or. App. 175; 622 P.2d 335; 1981 Ore. App. LEXIS 2270

State v. Hernandez

Opinion of the Court

PER CURIAM

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.