State v. Wood
STATE OF OREGON v. EUGENE WOOD
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
GILLETTE, P. J.
On March 8, 1980, defendant was indicted on one count of Murder, two counts of Robbery in the First Degree and one count of Unauthorized Use of a Vehicle. Pursuant to plea negotiations, defendant pled guilty to the Murder charge. The other charges were dismissed. The trial court’s judgment and sentencing order provides, in pertinent part:
«if; if; if; if; if;
"It is therefore, ordered and adjudged by the court that the said [defendant] be imprisoned in the Oregon State Corrections Division for an indeterminate period of time, but not to exceed a period of life with a mandatory minimum of 25 years as required by statute. ” (Emphasis supplied.)
While the sentence to life imprisonment is permissible, the emphasized portion of the judgment is a reference to a portion of ORS 163.115(5) which has been held unconstitutional by the Oregon Supreme Court in State v. Shumway, 291 Or 153 , 630 P2d 796 (1981). The emphasized portion is therefore a nullity and should be disregarded by all agencies, including the Corrections Division and the Board of Parole, which have jurisdiction over the accused.
Judgment of conviction affirmed as modified.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
-
(reference in sentence to unconstitutional statute is a nullity but sentence may be enforced)
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.