State v. Pryor, 484 P.3d 1123

Defendant John Pryor was resentenced after this court reversed one conviction and remanded; at the resentencing hearing the state sought 144 months on Count 6 (second-degree assault) and the court announced an "upward departure" sentence.
The court issued a temporary sentencing order reflecting 120 months on Count 6, but the June 13, 2019 judgment mistakenly imposed 70 months on that count and described it as an "upward durational departure."
On February 7, 2020 the trial court entered an amended judgment increasing Count 6 from 70 to 120 months without providing written notice to Pryor or an opportunity to be heard.
The State concedes the record does not show the required notice and agrees the amendment procedure was flawed, but argues the court may have been invoking ORS 137.172 to correct a clerical error and seeks remand for that determination.
Pryor argues the amended judgment substantively increased his sentence without notice or waiver and asks for reinstatement of the June 2019 judgment (70 months) per State v. Rossi.
The court vacated the amended judgments and remanded for proceedings limited to resolving whether the amendment was a permissible clerical correction under ORS 137.172; otherwise the judgment was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court could enter an amended judgment increasing Count 6 from 70 to 120 months without notice/hearing	State concedes lack of notice but argues the court may have been correcting a clerical error under ORS 137.172 and thus should get a remand to make that showing	Pryor argues the amendment was a substantive, unauthorized increase entered without notice or waiver and the June 2019 judgment (70 months) should be reinstated	Amended judgments vacated and remanded for further proceedings limited to whether the court may correct a clerical error under ORS 137.172; no advance written notice shown, so vacatur required for the amendments

State v. Nobles, 264 Or App 580 (recognizing requirement of written notice before trial court may amend judgment under authority to correct clerical errors)
State v. Rossi, 216 Or App 168 (holding court must reinstate original judgment when amended judgment substantively modified sentence without notice)
State v. Johnson, 242 Or App 279 (discussing common-law rule that trial court loses jurisdiction once a valid sentence is executed and legislative exception permitting clerical corrections)
State v. Hannemann, 261 Or App 582 (vacating and remanding when court failed to provide written notice before correcting omission in judgment)
State v. Pryor, 294 Or App 125 (prior appeal reversing one conviction and remanding for resentencing)