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54 Or. App. 162

Sullivan v. Cupp

Court of Appeals of Oregon

Decided October 5, 1982

Court of Appeals of Oregon · decided 1982-10-05

Applies OR 137 § 137.120

Decided 1982-10-05

PER CURIAM.

¶1Petitioner appeals an order dismissing a portion of his Petition for Post Conviction Relief and a summary judgment in favor of defendant on the remaining allegations. We affirm.

¶2Petitioner was convicted of Kidnapping in the First Degree, Rape in the First Degree and Sodomy in the First Degree. He was sentenced to twenty years imprisonment on each charge with the sentences to be served consecutively.

¶3He alleged in the petition that the court did not have authority to impose consecutive sentences. State v. Jones, 250 Or 59, 440 P2d 371 (1968), is contrary to his position.

¶4He also contends the sentencing court denied him due process of law by failing to state reasons for its sentences. Petitioner was sentenced prior to the enactment of ORS 137.120(2), which requires trial courts to state on the record the reasons for the sentence imposed. We do not agree with petitioner that there is a constitutional requirement that the court state its reasons for imposing a particular sentence.

¶5Affirmed.

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