Willamette Law Online  Oregon Court of Appeals   State v. Truong
Summarized by:   Date Filed: 03-28-2012 Case #: A141597
Armstrong, J. for the Court; Haselton, P.J.; and Brewer, C.J.
Full Text Opinion:
http://www.publications.ojd.state.or.us/Publications/A141597.pdf
Criminal Procedure: When a defendant is sentenced to serve
consecutive prison sentences, the total prison term cannot
exceed 400 percent of the maximum for the primary offense in the
case.  Defendant appealed his convictions raising a sentencing
error. At sentencing, the trial court adopted the prosecutor’s
recommendations and sentenced the defendant to 140 months, for a
total of 208 months between the two cases. On appeal, the
Defendant contended the sentence violated the 400-percent rule.
The “400 percent rule” is applied to the sum of consecutive
sentences and limits the total prison term to 400 percent of the
maximum for the primary offense in the case. Here, the 140-month
sentence was four months greater than 400 percent of the maximum
34-m