Sullivan v. Cupp

634 P.2d 288, 54 Or. App. 162
CourtCourt of Appeals of Oregon
DecidedOctober 5, 1982
DocketNo. 119,071, CA A20587
StatusPublished

This text of 634 P.2d 288 (Sullivan v. Cupp) 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
Sullivan v. Cupp, 634 P.2d 288, 54 Or. App. 162 (Or. Ct. App. 1982).

Opinion

PER CURIAM.

Petitioner appeals an order dismissing a portion of his Petition for Post Conviction Relief and a summary judgment in favor of defendant on the remaining allegations. We affirm.

Petitioner was convicted of Kidnapping in the First Degree, Rape in the First Degree and Sodomy in the First Degree. He was sentenced to twenty years imprisonment on each charge with the sentences to be served consecutively.

He alleged in the petition that the court did not have authority to impose consecutive sentences. State v. Jones, 250 Or 59, 440 P2d 371 (1968), is contrary to his position.

He also contends the sentencing court denied him due process of law by failing to state reasons for its sentences. Petitioner was sentenced prior to the enactment of ORS 137.120(2), which requires trial courts to state on the record the reasons for the sentence imposed. We do not agree with petitioner that there is a constitutional requirement that the court state its reasons for imposing a particular sentence.

Affirmed.

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Related

State v. Jones
440 P.2d 371 (Oregon Supreme Court, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
634 P.2d 288, 54 Or. App. 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-cupp-orctapp-1982.