There is a question whether an Oregon sentence will be considered a sentence imposed of one year or more, for immigration purposes, if the conviction is for a crime of violence, the sentencing court finds a presumptive prison term of 13-14 months with a gridblock of CSS:6/CHS:D, and then sentences the defendant to three years probation with no jail sentence as a dispositional departure. Since the court did not in fact order the defendant to serve one year or more in custody, but merely indicated that "if" the defendant was later sentenced to prison, s/he would receive a term from 13-14 months, this presumptive sentence does not appear to constitute a sentence imposed of one year or more.
jurisdiction:
Other