Court Remands for Resentencing in State v. Burns

November 21, 2013

The Oregon Court of Appeals remanded for resentencing and otherwise affirmed the conviction of defendant Stephen Burns in a case that was decided November 14, 2013. The defendant was convicted for two counts of criminal mistreatment in the first degree for knowingly causing physical injury to two of his children by repeatedly spanking them hard enough to cause bruises on their buttocks.

The appeal was to contend whether the two spankings should be considered as a single criminal episode or two separate episodes in order to determine sentencing. The trial court ruled that the spankings were two separate criminal episodes. The trial court then argued that the court should use conviction 1 as criminal history for sentencing on conviction 2.

The Court of appeals concluded that the trial court erred when it ruled that the spankings constituted two separate criminal episodes and therefore ruled to remand for resentencing and otherwise affirm the conviction. Learn more about this case by clicking here.

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