FHIEEI
`5177*
`nxrsc.‘
`""‘-”"-‘ Y can: 1'3
`l4FEBl8 PH 3:06
`
`*ln~« JHT:-MA.”~i;PR
`
`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`
`FOR THE COUNTY OF COLUMBIA
`
`Case No. 13-1005
`
`MOTION TO MODIFY AND
`CORRECT JUDGMENT
`PURSUANT TO ORS 138.083
`
`Expedited
`Consideration Reguested
`
`
`
`
`STATE of OREGON,
`
`Plaintiff,
`
`-against-
`
`RICHARD JOHN CHENEY,
`
`Defendant.
`
`1
`2
`
`3
`4
`
`5
`
`6 7 8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`17
`
`18
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`
`
`VerifiedCorrectCopyofOriginal2/20/2014;
`
`Defendant Richard Cheney, by and through undersigned counsel, hereby moves the
`
`Court, pursuant to ORS 138.083, for an order modifying and correcting the Judgment of
`
`Conviction entered in this matter on February 13, 2013 to include the following language:
`
`“IT IS FURTHER ORDERED that defendant may be considered for short-term
`
`transitional leave pursuant to ORS 421.168.”
`
`It is respectfiilly submitted that the foregoing language should have been included in
`
`the original Judgment but was omitted due to clerical error. A copy of the original Judgment
`
`of Conviction is annexed hereto as Exhibit A.
`
`Freed
`26 1 Th
`OIDRS
`man,
`PEARL LAW LLC
`522 SW 5th Ave Ste [[00, Ponland, OR 97204
`503.295.6296 | thomas@prtlaw.com
`
`oan 080697
`0.
`
`I
`
`Page I on
`'
`‘
`Motion to Modify and Cfgrgclg
`
`

`

`
`
`
`
`VerifiedCorrectCopyofOriginal2/20/2014.
`
`p—n
`
`AwN—gOmflQm-PMNfi—‘Owooflmmth
`
`NNNNr—Ip—Ih—Ip—ah—It—Iu—nI—Ir—Ii—d
`
`NNmt!-
`
`Undersigned counsel contacted the State about this motion but has not heard back as
`
`of the date of this motion.
`
`Dated: February 14, 2014
`
`Respectfully submitted,
`
`PEARL LAW LLC
`
`
`
`omas Freedman, OSB No. 080697
`Counselfor Defendant
`
`CERTIFICATE OF SERVICE
`
`I certify that on February 14, 2014 I served a true and correct copy of the foregoing
`
`MOTION TO MODIFY AND CORRECT JUDGMENT PURSUANT TO ORS 138.083
`
`upon the State via fax at 503-397-2760 and via electronic mail transmission to DDA Dale
`
`Anderson at the following email address: andersd@co.columbia.or.us.
`
`Dated: February 14, 2014
`
`PEARL LA
`
`By
`
`omas Freedman, OSB No. 080697
`Counselfor Defendant
`
`“mm” me3“' OSB No' 080697
`PEARL LAW LLC
`522 SW 5th Ave Ste 1100, Portland, OR 97204
`
`Page 2 of 2
`Motion to Modify and Correct Judgment
`Pursuant to ORS 138.083
`
`503.295.6296 | thomas@prllaw.eom
`
`

`

`
`
`
`
`VerifiedCorrectCopyofOriginal2/20/2014.
`
`3 1:1 2 ‘l‘ LIA" magnum“
`VOLUMBIA COUNTY COURTS
`mkilfiL’l‘Mzg'LS
`
`LN mum FILING
`
`
`
`.—n
`
`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`
`FOR THE COUNTY OF COLUMBIA
`
`STATE OF OREGON,
`Plaintifi‘,
`
`vs.
`RICHARD JOHN CHENEY,
`
`Defendant.
`
`)
`i
`3
`3
`3
`)
`
`Case No. 13-1005 - Count 1
`DA. File No. 1.03 24389
`JUDGMENT - FELONY
`
`Dated: February 12, 2013
`
`Presiding: Steven B. Reed
`Circuit Court Judge
`
`Appearing: Dale L. Anderson
`Chief Deputy Disuict Attorney
`
`Thomas Freedman, Jr.
`Defense Counsel
`
`Richard John Cheney
`In Custody
`
`Purpose: No Contest Plea and Sentencing
`
`The above entitled matter come regular before the Court upon the representation ofthe
`
`parties that defendant was prepared to enter a No Contest plea to Count I, Unlawful Delivery of
`
`Methamphetamine, Substantial Quantity and be sentenced; the Court inquired of the defendant if
`
`he wished to change his plea to No Contest to Count 1 and the defendant replied that he did and
`
`defendant then pleaded No Contest; the Court questioned the defendant and determined that the
`
`change of plea was being made freely, knowingly, and voluntarily in all respects; the Court
`
`inquired ofthe State if there was a factual basis for the plea; upon hearing the statement from the
`
`State the Court found there is a factual basis for defendant's No Contest plea; the Court heard
`statements from counsel regarding the sentence and offered the defendant an opportunity to make
`
`K STEPHEN ATCHISON
`District Attomeyfor Columbia County
`328 County Courthouse, St. Helens, OR 97051
`
`503-397-0300 ' Fax 503-397-2760
`
`\OOOQQUI-kwN
`I—dI—fiv—‘p—Ab—tu—Il—ll—it—lOOHO‘MAMNF—o
`
`H80
`
`NNNNhWNH
`
`NNO\UI
`
`

`

`
`
`
`
`VerifiedCorrectCopyofOriginal2/20/2014;‘
`
`scooq‘o‘mcswww
`NNNNNNN—dt—Ii—an—nv—dn—‘p—nn—nn—nn—Io‘mwaI—OOOONOxm-hwwh-O
`
`
`
`a statement in his own behalf and at the conclusion thereof the Court being fully advised in the
`
`premises:
`
`IT IS THEREFORE ORDERED that defendant's plea of No Contest to Count 1,
`
`I Unlawful Delivery of Methamphetamine, Substantial Quantity shall be received and entered of
`
`record herein; and
`
`IT IS FURTHER ORDERED that defendant's grid block is 8E and the Court orders that
`
`the defendant shall be committed to the legal and physical custody of the Oregon State
`
`Corrections Division'for a period of 25 months with three years of Post Prison Supervision; and
`
`IT IS FURTHER ORDERED that defendant shall be eligible for earned time/good time
`
`credits under ORS 421.121(1)(a) and shall receive credit for time served from December 29,
`
`2012; and
`
`IT IS FURTHER ORDERED that defendant shall not be eligible for other ORS 421.121
`pro-grams or'for AIP or for release under ORS 421.508(4); and
`
`IT IS FURTHER ORDERED that the Court recommends that defendant be allowed
`
`contact with Michelle Smith while incarcerated in the Columbia County Jail and Oregon State
`
`Corrections Division; and
`
`- IT IS FURTHER ORDERED that upon release to the Post Prison Supervisor the Court
`
`recommends that defendant be allowed contact with Michelle Smith if she has completed any
`
`substance abuse program thatrwas recommended for her; and
`
`IT IS FURTHER ORDERED that Counts 2, 3, 4, 5, 6, 7, and 8 are dismissed; and
`
`IT IS FURTHER ORDERED that the Columbia County Sheriff shall transport defendant
`
`to the Oregon State Corrections Division; and
`
`IT IS FURTHER ORDERED that defendant shall pay the amounts in the money award.
`DATED:
`this A: day of February, 2013.
`
`‘ -
`
`teven B. Reed, Circuit Co
`
`Judge
`
`
`
`R. STEPHEN ATCHISON
`District Aflorneyfor Columbia County
`328 County Courthouse, St. Helens, OR 97051
`503-397-0300 ° Fax 503-397-2760
`
`Page 2
`
`
`
`

`

`MONEY AWARD
`JUDGMENT CREDITOR: State of Oregon
`
`'
`
`Case No. 13-1005 ct 1
`JUDGMENT DEBTOR: Richard John Cheney
`
`
`
`AMOUNT DUE
`
`$
`
`, DEFENDANT IS ORDERED TO PAY:
`@estltution Joint and Several Liability with:
`CRestitution
`Cl Compensatory Fine '
`in favor of the person(s)listed below:
`Z3112/%‘
`
`Aéiress:
`$
`-
`Nfine:
`I‘DInIn
`>
`“m
`‘11
`
`VerifiedCorrecg
`
`fielony minimum $200 El Misdemeanor minimum $100
`Methamphetamine - manufacture or manufacture with 1000’ of school minimum $1000
`Cl Methamphetamine - delivery or delivery within 1000' of school minimum $500
`IMPO
`SUSPENDED
`5 i0“
`5
`
`_
`' 4———s 20‘ _
`
`Cl 5
`
`
`of fine suspended on successful completion of
`
`I:I REIMBURSE ATTORNEY FEEs
`
`D pun Conviction Fee ($255)
`
`'
`
`E] PRIOR FINANCIAL OBLIGATIONS CONTINUED:
`
`DPROB VIOLATION ASMT ($25)
`
`'
`
`S
`
`$
`
`5
`
`E] BENCH PROBATION FEE ($100)
`
`$___ '
`
`$__.___ 5
`(Less Contrib. Amt)
`5
`
`S
`
`S
`
`$
`
`5
`
`S
`
`5
`
`El .h—m 5
`
`E] Restitution shall be paid before fines and assessments.
`
`TOTAL OBLIGATION [this charge]
`
`5
`
`Defendant is ordered to comply with the terms of the Money award, report to the court accounting counter and to comply with directions
`of the court collection staff. All financial obligations are due infull today.
`
`' n' Is FURTHER ORDERED if Defendant is approved by the court collection staff to make payments, the payments are to be received by the
`court on or before the date(s) established. If the defendant is unable to make the payment, the defendant shall submit a request in writing
`to modify the payment schedule and the reasons why. Request must be received by the court prior to the payment due date. Defendant
`willkeep court advised of current mailing address until this money judgment is paid in full. The court may increase the total amount owed
`by adding collection fees and other assessments. These fees and assessments may be added without further notice to the defendant and
`without further order of the court. No collection fee will be added if obligation is paid withlnthirty (30) days of the entry of judgment.
`
`Subject to amendment of a judgment under ORS 137.107, money required to be paid as a condition of probation remains payable after
`revocation of probation only if the amount is included in the money award portion of the judgment document, even if the amount is
`referred to in other parts of the judgment document.
`
`lT IS FURTHER ORDERED that:
`
`Cl Security Bond exonerated
`'
`7
`Cl Bail/Security Release: C] to be distributedas follows:.
`
`
`El to be applied to Financial Obligations in Case(s):
`
`Payment of the fines, fees, assessments, restitution and/or attorney’s fees noted above 'shall be made payable to the Trial Court
`Administrator as follows: Mail payments to: 230 Strand St, St Her/ensI OR 97051
`
`12/2013
`
`
`
` Steven B. Reed, Circuit Court} dge
`
`‘ Money Award Revised 2/1/12
`
`Page
`
`of
`
`
`
`