State v. Carlton

Summary

The Oregon Supreme Court considered whether prior California convictions under California Penal Code section 288(a) were “comparable offenses” to Oregon first-degree sexual abuse under ORS 137.719(3)(b)(B), permitting life sentences without parole. The court held that “comparable offenses” requires offenses with elements that are the same as or nearly the same as those of an Oregon felony sex crime, and concluded that the California convictions were not comparable. The court reversed the Court of Appeals, reversed the sentences in part, affirmed the convictions, and remanded for resentencing.

Holdings

1. The term "comparable offenses" refers to offenses whose elements are the same as or nearly the same as the elements of an Oregon felony sex crime; it does not encompass offenses that merely share core characteristics or a general purpose.
2. Defendant's prior convictions under California Penal Code section 288(a) were not comparable to first-degree sexual abuse under ORS 163.427(1)(a)(A).
3. Defendant's California convictions were not comparable to attempted first-degree sexual abuse under ORS 161.405(1) and ORS 163.427(1)(a)(A).

Questions Presented

1. What does the term "comparable offenses" in ORS 137.719(3)(b)(B) require when determining whether prior out-of-state felony sex-crime convictions qualify for Oregon's presumptive life sentence?
2. Were defendant's prior convictions under California Penal Code section 288(a) comparable to first-degree sexual abuse under ORS 163.427(1)(a)(A)?
3. Were defendant's California convictions comparable to attempted first-degree sexual abuse under ORS 161.405 and ORS 163.427(1)(a)(A)?

Disposition

reversed_and_remanded