2007 ORS 137.121¹
Maximum consecutive sentences

Notwithstanding any other provision of law, but subject to ORS 161.605 (Maximum prison terms for felonies), the maximum consecutive sentences which may be imposed for felonies committed on or after November 1, 1989, whether as terms of imprisonment, probation or both, shall be as provided by rules of the Oregon Criminal Justice Commission. [1989 c.790 §14]

Note: 137.121 (Maximum consecutive sentences) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Presumptive sen­tence of sec­ond of­fense is not determined by limit on length of consecutive sen­tences. State v. Nicholas, 118 Or App 232, 846 P2d 1181 (1993)

In calculating incarcera­tion term for consecutive sen­tences, court must first calculate presumptive sen­tence for each con­vic­­tion without departure with total subject to 200 percent rule, then impose departure sen­tence for each con­vic­­tion not exceeding twice the presumptive sen­tence. State v. Determann, 122 Or App 480, 858 P2d 171 (1993), Sup Ct review denied

Imposi­tion of consecutive sen­tences violating sen­ten­cing guide­lines 400 percent rule was apparent error of law subject to discre­tionary review. State v. Morgan, 124 Or App 229, 862 P2d 539 (1993), Sup Ct review denied

Entire indeterminate term of pre-1993 dangerous offender statute is incarcera­tion term subject to limita­tions on consecutive sen­tences. State v. Davis, 315 Or 484, 847 P2d 834 (1993). But see State v. Coburn, 146 Or App 653, 934 P2d 579 (1997)

Two hundred percent rule does not apply to sen­tences derived from different crim­i­nal episodes even if single indict­ment is issued for multiple crimes. State v. Miller, 317 Or 297, 855 P2d 1093 (1993)

Where imposing both gun min­i­mum under ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) and consecutive sen­tences, court must first determine primary of­fense, then determine length of terms for consecutive sen­tences by imposing gun min­i­mum term or, if greater, by electing to impose term allowed for consecutive sen­tences under sen­ten­cing guide­lines. State v. Johnson, 125 Or App 655, 866 P2d 1245 (1994)

In cases involving consecutive sen­tences that include incarcera­tion for of­fenses subject to ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences), court must first impose mandatory min­i­mum sen­tence prescribed by ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) for subject of­fenses, then limit imposi­tion of consecutive sen­tences for all other of­fenses to not exceed greater of ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) mandatory min­i­mum term of incarcera­tion or sen­ten­cing guide­lines max­i­mum available term for consecutive sen­tences. State v. Langdon, 151 Or App 640, 950 P2d 410 (1997), aff'd 330 Or 72, 999 P2d 1127 (2000); State v. Quintero, 160 Or App 614, 982 P2d 543 (1999)


1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.