Oregon v. Sierra

A jury convicted defendant Joaquin Sierra of nine offenses: one count of first-degree kidnapping; two counts of second-degree kidnapping; one count of fourth-degree assault; and five counts of unlawful use of a weapon (UUW). The state did not allege enhancement factors. The trial court sentenced defendant to a total of 250 months in prison. The court imposed a 110-month sentence on the conviction for first-degree kidnapping, two consecutive 70-month sentences on the convictions for second-degree kidnapping, and concurrent sentences of 14 months or less on the remaining convictions (including all of defendant’s UUW convictions). On review, the Oregon Supreme Court concluded that the evidence did not support the convictions for two counts of second-degree kidnapping because the state had failed to prove the act element, reversed defendant’s convictions on those counts and remanded the case to the trial court for resentencing. On remand, a different judge, who did not preside over defendant’s original trial, imposed a longer total sentence than had the original trial court. This case presented two issues for the Oregon Supreme Court’s review: (1) whether Oregon common law or the federal Double Jeopardy Clause precluded the second sentencing court from imposing new sentences on defendant’s convictions for unlawful use of a weapon (UUW) because defendant already had served the previously imposed sentences; and (2) whether the Due Process Clause, as interpreted by the United States Supreme Court in North Carolina v. Pearce, 395 US 711 (1969), and by the Oregon Court in Oregon v. Partain, 349 Or 10 (2010), precluded the imposition of a more severe sentence than originally imposed. The answer to both questions was no. The Oregon Court affirmed the trial court and appellate courts. View "Oregon v. Sierra" on Justia Law