State v. Ramirez
| Decision Date | 21 June 1967 |
| Citation | 429 P.2d 572,247 Or. 317 |
| Parties | STATE of Oregon, Respondent, v. Rogelio RAMIREZ, Appellant. |
| Court | Oregon Supreme Court |
Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief for appellant.
H. Clifford Looney, Dist. Atty., Vale, argued the cause and filed a brief for respondent.
Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, DENECKE, REDDING and FORT, JJ.
Ramirez pleaded guilty to an indictment charging him with assault with a dangerous weapon. In October, 1962, imposition of sentence was suspended and he was placed on three years' probation. His probation was revoked in June, 1965, and he was sentenced to five years in the Correctional Institution. The maximum is ten years. Upon post-conviction petitioner's sentence was set aside because he did not have counsel at the sentencing. In June, 1966, a second revocation hearing was held, his probation was revoked, and he was again sentenced to five years in the Correctional Institution with no credit for the year served. The same judge conducted both proceedings.
This is an appeal from that sentence.
This appeal is governed by State v. Turner, Or., 429 P.2d 565 (1967), decided this date.
In this case no evidence adverse to the defendant was presented at the second hearing that was not presented at the first. The Correctional Institution's progress reports were that the defendant's conduct and achievement in the institution were excellent. The sentencing court indicated that it viewed the evidence differently on the second hearing; however, it did not indicate that this influenced it in the imposition of sentence.
The rule announced in State v. Turner, supra, requires us to reverse and remand this matter for resentencing.
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State v. Jacques
...trial, has gained recognition in some jurisdictions. State of Oregon v. Turner, 429 P.2d 565 (Sup.Ct.1967) (robbery); State of Oregon v. Ramirez, 429 P.2d 572 (Sup.Ct.1967) (probation revocation proceedings) where the court observed that 'in this case no evidence adverse to the defendant wa......
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State v. Stewart
...sentence. Defendant contends that this appeal is governed by State v. Turner, 247 Or. 301, 429 P.2d 565 (1967), and State v. Ramirez, 247 Or. 317, 429 P.2d 572 (1967). In Turner our Supreme Court '* * * After an appeal or post-conviction proceeding has resulted in the ordering of a retrial ......
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State v. Holmes, 73-1175
...longer term than the time still to be served upon his initial sentence." 247 Or. at 313, 429 P.2d at 570-571. Accord, State v. Ramirez, 247 Or. 317, 429 P.2d 572 (1967); State v. Stewart, 21 Or.App. 555, 535 P.2d 1389 The state argues that the rationale behind Turner does not apply to the c......