State v. Guardado
State v. Guardado
Opinion of the Court
*774Defendant appeals the judgment of conviction for one count of first-degree sexual abuse, ORS 163.427. He raises two assignments of error; we reject the first without written discussion but write to address his assignment of error challenging the trial court's imposition, under ORS 137.719, of a 15-year prison sentence.
Moreover, we exercise our discretion to correct the error. See Ailes v. Portland Meadows, Inc. ,
Remanded for resentencing; otherwise affirmed.
ORS 137.719 provides that the presumptive sentence for a felony sex crime is life imprisonment without the possibility of release or parole if the defendant has been convicted of felony sex crimes twice prior to the current sentence. A prior sentence can include sentences "imposed by any other state or federal court for comparable offenses ." ORS 137.719(3)(b)(B) (emphasis added). In this case, the trial court departed from the presumptive sentence and imposed a 15-year prison sentence with no post-prison supervision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.