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Discretionary Resentencing

In certain circumstances, Oregon law may allow a criminal defendant to be re-sentenced. If, after sentencing, a Deputy District Attorney decides that the sentence no longer advances the interests of justice, then ORS 137.218 allows the state and the defendant to jointly petition the court to dismiss the conviction and resentence the defendant to a lesser sentence for the same crime of conviction, or to sentence a person for a new crime.

In order to be considered for resentencing:

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