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State v. Beaty

842 P.2d 817, 117 Or. App. 525, 1992 Ore. App. LEXIS 2556
CourtCourt of Appeals of Oregon
DecidedDecember 30, 1992
Docket91-3312-C1; CA A73150
StatusPublished

This text of 842 P.2d 817 (State v. Beaty) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Beaty, 842 P.2d 817, 117 Or. App. 525, 1992 Ore. App. LEXIS 2556 (Or. Ct. App. 1992).

Opinion

PER CURIAM

Defendant challenges the sentence imposed after his conviction for manufacture of a controlled substance. ORS 475.992(1). The trial court ordered that no credit for time served in jail be applied. The state concedes that the trial court erred. State v. Jones, 113 Or App 228, 229, 832 P2d 459 (1992).

We accept the concession that the case should be remanded for resentencing. However, the record does not show definitively that defendant’s pre-trial incarceration was for the manufacturing crime. On remand, the sentencing court should make that determination and resentence defendant accordingly. State v. Barber, 113 Or App 603, 605, 832 P2d 51 (1992).

Conviction affirmed; remanded for resentencing.

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Related

State v. Barber
832 P.2d 51 (Court of Appeals of Oregon, 1992)
State v. Jones
832 P.2d 459 (Court of Appeals of Oregon, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
842 P.2d 817, 117 Or. App. 525, 1992 Ore. App. LEXIS 2556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beaty-orctapp-1992.