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Oregon Revised Statutes

Or. Rev. Stat. § 137.637 (2026)

Determining length of determinate sentences

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      137.637 Determining length of determinate sentences. When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer. [1989 c.790 §82; 1995 c.520 §2]

 

      Note: 137.637 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.

 

      137.640 [Repealed by 1961 c.359 §1]

 

      137.650 [Repealed by 1961 c.359 §1]

 

OREGON CRIMINAL JUSTICE COMMISSION

Notes of Decisions
Cited in 37 cases (7 in the last 5 years), 1933–2025 · leading case: State ex rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997).
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State ex rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997). · cites it 6× “ORS 137.637 provides: "When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer.”
State v. Morgan, 856 P.2d 612 (Or. 1993). · cites it 7× “ORS 137.637 provides: “When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the presumptive sentence as *557 provided by the rules of the State Sentencing Guidelines Board, whichever is longer.”
State v. Morgan, 842 P.2d 406 (Or. Ct. App. 1993). · cites it 11× “115(3) is controlled by the provisions of OAR 253-09-001(1) and ORS 137.637. The rule provides: “If a mandatory prison sentence is required or authorized by statute, the sentence imposed shall be that determinate sentence or the sentence under these rules whichever is longer.”
State v. Ambill, 385 P.3d 1110 (Or. Ct. App. 2016). · cites it 8× “Specifically, the state contends that, under ORS 137.637 2 and the Supreme Court’s decision in State v.”
State v. Dilts, 82 P.3d 593 (Or. 2003). · cites it 3× “669 specifies that only the sentencing guidelines, not the presumptive sentences themselves, are mandatory: “Except as provided in ORS 137.637 and 137.671, the incarcerative guidelines * * * shall be mandatory and constitute presumptive sentences.”
State v. Nygaard, 466 P.3d 692 (Or. Ct. App. 2020). · cites it 2× “’ ” (Quoting ORS 137.637 (emphasis in defendant’s brief).”
State v. Ferman-Velasco, 971 P.2d 897 (Or. Ct. App. 1998). · cites it 4× “In deciding that a Measure 11 sentence prevails over a guidelines sentence under the applicable statutes, the Supreme Court held that a Measure 11 sentence constitutes a determinate sentence that, under ORS 137.637, will be the effective sentence when it is longer than a…”
State v. Langdon, 999 P.2d 1127 (Or. 2000). · cites it 2× “Under ORS 137.637, when a statute mandates a sentence of imprisonment, the trial court must impose that mandatory sentence or the sentence prescribed under the sentencing guidelines, whichever is longer.”
State v. Haydon, 842 P.2d 410 (Or. Ct. App. 1992). · cites it 2× “The legislature harmonized the guidelines with that statutory mandate by enacting ORS 137.637, which, together with OAR 253-09-001, provides additional support for the conclusion that the legislature intended that ORS 137.”
Layton v. Hall, 47 P.3d 898 (Or. Ct. App. 2002). · cites it 2× “7 ORS 137.637 provides: “When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer.”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010). · cites it 2× “If waived into adult court, however, the person was subject to adult prosecution and sentencing under the sentencing guidelines, see ORS 137.637 (1993); 14 however, the person generally was not subject to the imposition of mandatory minimum sentences, see ORS 161.”
State v. Dilts, 39 P.3d 276 (Or. Ct. App. 2002). “See ORS 137.637 (“When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by *247 the rules of the Oregon Criminal Justice Commission, whichever is longer.”
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