A mayor who didn't get jail time for a third DUII wasn't the result of Astoria's good ole boy system. That case was given to Marquis for prosecution. I believe he handed it off to one of his good ole buddy, fellow DA's to handle citing conflict of interest.

Here is a link to the the Daily Astorian's archive of DUII articles. The majority of them are about this case. http://www.dailyastorian.com/news/duii/

I agree. It is a concern that Josh Marquis let this "oopsie" slip by. But even more concerning is how he has tried to lay the blame on the DOC 12 years later. If the written order (posted at coastda.com) is an accurate transcript of what was read aloud in open court, it will be difficult to amend. It is my opinion that Josh Marquis knows that he, as Clatsop County District Attorney, screwed up and is intentionally "laying the blame" on the DOC. Must be an election year coming up.

Such B.S.! For the order to be a "perfectly valid 190-month sentence order" the 40 months would have to be served consecutive to count 5, NOT, I repeat,NOT count 4. Josh, in an earlier post I was in agreement with you about judge's intentions. "Why would she designate the 40 months to be consecutive?" But it has to consecutive to count 5. Tell me how the order, when read exactly as it is written, can be 190 months. The DOC is obligated to follow the order AS IT IS WRITTEN, NOT HOW IT IS INTENDED!!! They are correct to refer you to the court to correct YOUR oversight of this small detail that occurred 12 years ago. A court order can only be changed through the court, right? I will look forward to your reply. Meanwhile, I am still pondering your post at coastda.com. Plain english can be tough for us "non lawyers" to interpret.

Why would you petition the court to modify the sentence if the original is clear as a bell? It concerns me that you would expect the D.O.C. to revise their "interpretation" because several OTHER lawyers read the order as clear as a bell. Who were they? When will the hearing take place?

I wonder what will happen with an identical case in Clatsop County, Oregon. http://www.dailyastorian.com/free/astoria-teen-i-...

How long had you been trying vehicular manslaughter when you offered this plea?

Here is her order, dated January 11, 2000:

IT IS THE JUDGMENT OF THIS COURT that the defendant is convicted of Count 4, Manslaughter In The Second Degree and is sentenced to the Legal and Physical Custody of the Oregon Department of Corrections for a period of 75 months.

IT IS FURTHER ORDERED that the defendant is convicted of Count 5, Manslaughter in The Second Degree and is sentenced to the Legal and Physical Custody of the Oregon Department of Corrections for a period of 75 months, to be served consecutive to Count 4.

IT IS FURTHER ORDERED that the defendant is convicted of Count 3, Assault in The Second Degree and is sentenced to the Legal and Physical Custody of the Oregon Department of Corrections for a period of 70 months. 40 months are consecutive to Count 4 and 30 months are concurrent with Counts 4 and 5.

The Defendant shall receive credit for time served.

The term of post prison supervision is 36 months.

Clearly a 150 month sentence. The DOC is following this order exactly as it is written. I think it is Marquis interpretation that is tortured. Man up Mr. Marquis.