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Ore. court reverses second-sentence precedent

The Columbian
Published: September 10, 2010, 12:00am

PORTLAND, Ore. (AP) — The Oregon Supreme Court has overturned a 43-year-old decision aimed at preventing judges from acting vindictively by imposing harsher sentences on defendants who win their appeals and appear in court a second time.

The court ruled Friday that Oregon judges can impose a longer sentence in such cases, but only if the reasons are spelled out and based on new information — and aren’t retaliation against the defendant.

The case involved a Polk County man sentenced in 2003 to a total of three and a half years on multiple charges in a sex abuse case.

He won a new sentence because of a procedural error, and the next time around a judge made it five years.

The high court sent the case back for a third round of sentencing.

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