Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
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)

STATE OF OREGON, Respondent, v. DAVID GEORGE DUFF, Appellant.

PER CURIAM.

Affirmed.

PER CURIAM.

Defendant appeals the sentence imposed by the trial court after defendant's guilty plea to sodomy in the first degree, contending that the term of incarceration with a minimum of seven years constitutes cruel and unusual punishment, and that the trial court was without authority to impose restitution as a condition of defendant's future parole. We consider only the second contention.

The sentencing order insofar as relevant, reads:

"THE COURT RECOMMENDS, upon release on parole, a condition of parole be reimbursement to Clackamas County for extradition costs in the amount of $902.45."

Although it is true, as defendant contends, that the sentencing court does not have authority to set conditions of parole, ORS 144.270(2); State v. Kipp, 52 Or. App. 1011, 630 P.2d 394 (1981), the court does have authority to make a non-binding recommendation to the Parole Board. That is all the sentencing order purports to do here and the recommendation is not appealable. State v. O'Keefe, 40 Or. App. 685, 596 P.2d 987, rev den 288 Or. 81 (1979).

Affirmed.

Use AI to get other relevant cases.

Comments

STATE v. DUFF
(Nov 9, 1981)