State v. Bell
State v. Bell
Opinion of the Court
After a stipulated facts trial to the court, defendant was convicted of attempted sodomy in the first degree, ORS 163.405 and ORS 161.405, sexual abuse in the first degree, ORS 163.425, and driving under the influence of intoxicants. ORS 813.010. He contends that he was improperly sentenced as a dangerous offender under ORS 161.725 to ORS 161.735. We affirm.
Defendant argues that the trial court failed to make the required findings before sentencing him as a dangerous offender.
Defendant next argues that the trial court did not set a presentence hearing and allow him to cross-examine the psychiatrist who evaluated him as a dangerous offender. The trial court must set a presentence hearing, unless it is waived by the district attorney and the defendant.
Defendant’s remaining claim of error does not merit discussion.
Affirmed.
In State v. Huntley, 302 Or 418, 438, 730 P2d 1234 (1986), the Supreme Court, interpreting the dangerous offender statutes, said that the trial court must make findings
“whether (1) the defendant is dangerous, (2) because of the dangerousness of the defendant an extended period of confinement is required for the protection of the public, and (3) the defendant is suffering from a severe personality disorder indicating a propensity toward criminal activity.”
ORS 161.735(5) states:
“Upon receipt of the examination and presentence reports the court shall set a time for a presentence hearing, unless the district attorney and the defendant waive the hearing. At the presentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section.”
In Polk County, defendant was convicted of rape, sex abuse, incest and sodomy.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.