# State v. Evans

> Court of Appeals of Oregon · September 30, 1992 · 115 Or. App. 392

URL: https://www.frixlaw.com/law-library/cases/6940070

## Case

- **Full name:** STATE OF OREGON v. ERIC EDWARD EVANS
- **Court:** Court of Appeals of Oregon
- **Decided:** September 30, 1992
- **Citations:** 115 Or. App. 392; 838 P.2d 1086; 1992 Ore. App. LEXIS 1760
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Edmonds, Riggs, Warren
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6940070

## Opinion text

PER CURIAM
After a trial to the court, defendant was convicted of two counts of contributing to the delinquency of a minor and two counts of burglary in the first degree. ORS 163.435; ORS 164.225. The trial court refused to apply the sentencing guidelines, because he believed that they violate the Oregon Constitution. He sentenced defendant to 10 years imprisonment with a mandatory minimum of 2 years.
The state concedes that the trial court erred in failing to apply the guidelines, see State v. Spinney, 109 Or App 573 , 820 P2d 854 (1991); see also State v. Christman, 115 Or App 364 , 838 P2d 1087 (1992), but argues that we should not reach the question, because defendant did not preserve it. Defendant did not timely object, but the error is apparent on the face of the record and we review it pursuant to ORS 138.222. ORAP 5.45(2); State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990).
We accept the state’s concession that the sentencing was in error.
Convictions affirmed; remanded for resentencing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6940070. Public record. Not legal advice.