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108 Or. App. 480

816 P.2d 661

State v. Potter

Court of Appeals of Oregon

Decided August 21, 1991

Court of Appeals of Oregon · decided 1991-08-21

Cited by 4 later decisions — most recently June 2019

4 state decisions

Key passage — most relied on by later courts

“Defendant is correct that the trial court has no authority to impose conditions of incarceration or parole.”

quoted by 1 later decision, including 297 Or. App. 862 - State v. Cook

Applies OR 137 § 137.010 · OR 163 § 163.425

Good law ✅— No negative treatment on recordhow we know

Decided 1991-08-21

View the full empirical analysis of this case →

*481 PER CURIAM

¶1 Defendant pleaded guilty to two counts of sexual abuse in the first degree. ORS 163.425. In addition to sentencing him to consecutive five-year sentences for the two offenses, the trial court also ordered that, while incarcerated, he receive treatment in the Forensic Sex Offender Program and that “post-prison supervision shall include conditions of polygraph, no use of intoxicants, continued mental health treatment,” as well as not associating with certain people, including the victim. Although defendant did not object to the sentences below, we nonetheless consider his claim that the trial court erred in ordering the conditions of incarceration and parole, because the errors are apparent on the face of the record. ORAP 5.45(2); State v. Edwards, 103 Or App 410, 797 P2d 402 (1990); State v. Braughton, 28 Or App 891, 561 P2d 1040 (1977).

¶2 Defendant is correct that the trial court has no authority to impose conditions of incarceration or parole. ORS 137.010(7); State v. Edwards, supra. The state urges us to consider the orders as recommendations to the Department of Corrections and the Board of Parole. We decline to do that. On remand, the court may, if it deems it appropriate, make specific recommendations for in-custody treatment and conditions of parole.

¶3 Convictions affirmed; portion of sentence ordering treatment during incarceration and establishing conditions of post-prison supervision vacated; remanded for resentencing.

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