Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STATE OF OREGON, Respondent, v. RICHARD FLEMING POTTER, Appellant.

PER CURIAM

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 P.2d 402 (1990); State v. Braughton, 28 Or. App. 891, 561 P.2d 1040 (1977).

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.

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

Use AI to get other relevant cases.

Comments

STATE v. POTTER
(Jun 20, 1991)