State v. Fletes

Summary

The Oregon Supreme Court denied the State of Oregon’s petition for a writ of mandamus seeking to require correction or modification of criminal judgments concerning the application of presentence incarceration credits to consecutive sentences. The per curiam majority denied relief without addressing the merits. Justice Bushong dissented, reasoning that the judgments may have been erroneous under ORS 137.071(2)(g) and that the court should have issued an alternative writ to consider the interaction between ORS 137.071 and ORS 137.172.

Holdings

1. The petition for a writ of mandamus is denied.

Questions Presented

1. Whether the Oregon Supreme Court should issue an alternative writ of mandamus directing the circuit court to reconsider the State's motion under ORS 137.172.
2. Whether ORS 137.172 authorizes a trial court to correct or modify criminal judgments that allegedly fail to clearly specify the legal consequences of consecutive sentences and presentence incarceration credit.

Disposition

writ_denied