State v. Herring, 244 P.3d 899

In 2000, Herrings convicted of two counts of attempted murder with a firearm; sentenced to 30-year indeterminate dangerous offender term for Count 1 and 90-month term for Count 2, run concurrently, with minimums under Measure 11 and ORS 161.610, plus 36 months post-prison supervision and a waived $605 fine.
Eight years later, the trial court sua sponte amended the judgment, changing Count 1 post-prison supervision to 30 years and imposing the $605 fine under Count 2 without waiver or notice.
Herring filed an untimely appeal asserting: (a) failure to be present at sentencing per ORS 137.030(1); (b) violation of allocution and due process rights; (c) two firearm minimum terms, not one.
Appellate commissioner allowed review of the late appeal; the court reviewed the amended judgment for errors of law under ORS 138.222(4)(a).
The state conceded the sentencing notice and allocution violations under ORS 137.030(1) and the Oregon Constitution; the court accepted those concessions.
The court held the two firearm minimum sentences were plain error but unnecessary to determine because reversal was required for the first two issues; the case was reversed and remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Notice and right to be present at sentencing	Herring contends failure to give notice and allow presence violates ORS 137.030(1) and state constitution.	Herring argues denial of allocution and due process rights due to amendatory judgment without notice.	Reversal for resentencing; notice and presence required.
Allocution and due process rights	Herring claims state and federal rights to allocution and due process were violated when judgment was amended without opportunity to be heard.	Herring asserts due process and allocution violations occurred due to lack of opportunity to be heard.	Reversal for resentencing; remedy aligns with notice issue.
Multiple firearm minimum sentences under ORS 161.610(4)(a)	State concedes the error as plain but argues no need to correct given reversal on first two issues.	Herring acknowledges unpreserved error but argues correction is warranted per prior cases.	Plain error; single firearm minimum sentence required; remand for resentencing.

State v. Black, 161 Or.App. 662 (1999) (unpreserved sentencing errors corrected on review)
State v. Dam, 111 Or.App. 15 (1992) (unpreserved sentencing errors corrected on review)
State v. Hardesty, 298 Or. 616 (1985) (plain error standard for sentencing corrections)