Oregon Public Broadcasting

The Oregon Supreme Court decided Friday that a criminal who successfully appeals runs the risk of a longer sentence.

In 2003 Richard Partain was convicted of multiple sex crimes against his daughter. 

The judge imposed a 35-year sentence. Partain appealed and won. But at re-sentencing the judge gave him 50 years instead.

Partain appealed again, saying he should be able to challenge court errors without the risk of increased punishment.

The Court of Appeals agreed with him. But now, the Oregon Supreme Court has overturned an old state precedent and allowed the judge to impose a harsher sentence — as long as new information has surfaced.

Ernest Lannet of Oregon Public Defense Services, says the decision is contrary to a prisoner's right of appeal.

Ernest Lannet: "There are certainly going to be people that need to think about whether their records are going to be clean when they appear for re-sentencing and whether they want to risk that possibility of an increase in sentence, even if they win on appeal."

The case cannot be appealed again. To change the law, the state legislature would have to act.