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Oregon Revised Statutes

Or. Rev. Stat. § 137.120 (2026)

Term of sentence; reasons to be stated on record

✓ current as of May 2026
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      137.120 Term of sentence; reasons to be stated on record. (1) Whenever any person is convicted of a felony committed prior to November 1, 1989, the court shall, unless it imposes other than a sentence to serve a term of imprisonment in the custody of the Department of Corrections, sentence such person to imprisonment for an indeterminate period of time, but stating and fixing in the judgment and sentence a maximum term for the crime, which shall not exceed the maximum term of imprisonment provided by law therefor; and judgment shall be given accordingly. Such a sentence shall be known as an indeterminate sentence. The court shall state on the record the reasons for the sentence imposed.

      (2) Whenever any person is convicted of a felony committed on or after November 1, 1989, the court shall impose sentence in accordance with rules of the Oregon Criminal Justice Commission.

      (3) This section does not affect the indictment, prosecution, trial, verdict, judgment or punishment of any felony committed before June 14, 1939, and all laws now and before that date in effect relating to such a felony are continued in full force and effect as to such a felony. [Amended by 1967 c.372 §2; 1971 c.743 §324; 1977 c.372 §12; 1987 c.320 §29; 1989 c.790 §11]

Notes of Decisions
Cited in 84 cases (5 in the last 5 years), 1959–2025 · leading case: State v. Biles, 597 P.2d 808 (Or. 1979).
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State v. Biles, 597 P.2d 808 (Or. 1979). · cites it 9× “The Court of Appeals remanded the case for resentencing, holding that because "the requirements of ORS 137.120(2) and 144.790 are couched in mandatory, not discretionary, terms[,]” the trial court’s failure to order a presentence report and to state the reasons for the sentence…”
State v. Cloutier, 596 P.2d 1278 (Or. 1979). · cites it 4× “[25] We note that the amendment of ORS 137.120, requiring the court to state on the record the reasons for the sentence imposed, became effective after the date of the judgment in this case.”
Burdge v. Palmateer, 112 P.3d 320 (Or. 2005). · cites it 4× “e, which is the statute at issue here, provided, in part: "(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the…”
State v. Garcia, 605 P.2d 671 (Or. 1980). · cites it 4× “[21] ORS 137.120(2) requires the sentencing court in felony convictions to state on the record the reasons for the sentence imposed.”
State v. Cloutier, 261 P.3d 1234 (Or. 2011). · cites it 2× “” ORS 137.120(2) (1977). The statute required the trial court to “state on the record the reasons for the sentence imposed.”
State v. Dinkel, 579 P.2d 245 (Or. Ct. App. 1978). · cites it 4× “When the trial court sentences a defendant to a term of imprisonment after a felony conviction, ORS 137.120(2) requires that the court "* * * shall * * * sentence such person to imprisonment for an indeterminate period of time, but stating and fixing in the judgment and sentence…”
State v. Haydon, 842 P.2d 410 (Or. Ct. App. 1992). · cites it 5× “4, adopted by the voters in 1988, which provides, in part: “(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the…”
Kent v. Cupp, 554 P.2d 196 (Or. Ct. App. 1976). · cites it 8× “The Oregon Criminal Law Revision Commission in its Final Draft and Report, in Commentary C to its Section 74 establishing maximum criminal penalties for felonies, states: "The section is not intended to disturb the provisions of ORS 137.120 regarding indeterminate sentences, but…”
State v. Haydon, 832 P.2d 457 (Or. Ct. App. 1992). · cites it 5× “635 and provides, in part: “(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an…”
State v. Anderson, 423 P.3d 43 (Or. 2018). “See OEC 803(24) (requiring predicate findings); ORS 137.120(1) (requiring that the trial court state its reasoning on the record).”
Burdge v. Palmateer, 67 P.3d 397 (Or. Ct. App. 2003). · cites it 4× “635(1) provides: "When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence…”
State v. Dilts, 82 P.3d 593 (Or. 2003). · cites it 2× “010(1) (trial courts shall impose sentences in accordance with guidelines unless otherwise specifically provided by law); ORS 137.120(2) (same). Because the maximum prison terms for felony convictions set out in ORS 161.”
Show all 84 citing cases →
— Or. Rev. Stat. § 137.120(1) — 9 cases
State v. Anderson, 423 P.3d 43 (Or. 2018). “See OEC 803(24) (requiring predicate findings); ORS 137.120(1) (requiring that the trial court state its reasoning on the record).”
State v. Haydon, 832 P.2d 457 (Or. Ct. App. 1992). “635 and provides, in part: “(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an…”
State v. Ambill, 385 P.3d 1110 (Or. Ct. App. 2016).
State Ex Rel. Juv. Dep't v. Johnson, 7 P.3d 529 (Or. Ct. App. 2000).
Neal v. Maass, 764 P.2d 947 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 137.120(2) — 53 cases
State v. Biles, 597 P.2d 808 (Or. 1979). “The Court of Appeals remanded the case for resentencing, holding that because "the requirements of ORS 137.120(2) and 144.790 are couched in mandatory, not discretionary, terms[,]” the trial court’s failure to order a presentence report and to state the reasons for the sentence…”
State v. Garcia, 605 P.2d 671 (Or. 1980). “[21] ORS 137.120(2) requires the sentencing court in felony convictions to state on the record the reasons for the sentence imposed.”
State v. Cloutier, 261 P.3d 1234 (Or. 2011). “” ORS 137.120(2) (1977). The statute required the trial court to “state on the record the reasons for the sentence imposed.”
State v. Dinkel, 579 P.2d 245 (Or. Ct. App. 1978). “When the trial court sentences a defendant to a term of imprisonment after a felony conviction, ORS 137.120(2) requires that the court "* * * shall * * * sentence such person to imprisonment for an indeterminate period of time, but stating and fixing in the judgment and sentence…”
State v. Cloutier, 596 P.2d 1278 (Or. 1979). “[25] We note that the amendment of ORS 137.120, requiring the court to state on the record the reasons for the sentence imposed, became effective after the date of the judgment in this case.”
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