Oregon Released Him From Prison, Then Took Him Back. Now a Court Says He Can Appeal

An Oregon man who was released from prison following a sentence recalculation, only to be rearrested three months later, has won the right to appeal the decision ordering him to serve more time.

The Oregon Court of Appeals ruled on November 12 that Lazaro Alfredo DeJesus, who was sentenced for unlawful use of a weapon, can challenge a lower court’s decision authorising his continued incarceration under a new state law.

Sentence Recalculation Led to Release and Rearrest

DeJesus pleaded guilty in April 2023 to two counts of unlawful use of a weapon in Washington County Circuit Court. He was initially sentenced to probation, with a 36-month prison term if his probation was revoked.

After his probation was revoked in October 2023, he received the prison sentence.

In August 2025, following an Oregon Supreme Court ruling on how prison sentences should be calculated, the Oregon Department of Corrections (ODOC) recalculated his sentence.

This gave him an earlier release date of August 21, and he was immediately released, but a subsequent Supreme Court decision prompted another recalculation.

After ODOC determined that he still had time to serve, DeJesus was rearrested in November 2025.

New Law Allowed State to Seek Further Incarceration

House Bill 4041, which took effect on March 5, 2026, established a process allowing the state to ask courts to determine whether people released following sentence-calculation errors still had time to serve.

ODOC used the new law to petition the sentencing court in DeJesus’s case. Following a hearing, the judge granted the petition, finding that DeJesus had not completed his sentence and had more than 30 days remaining.

Appeals Court Says DeJesus Can Challenge the Decision

DeJesus appealed, but the state questioned whether the order could legally be appealed.

The Court of Appeals found that proceedings under HB 4041 do qualify as a special statutory proceeding and, therefore, are appealable.

Under the ruling, DeJesus’s appointed lawyer can continue representing him, and the appeal will now proceed. DeJesus’s opening brief is due within 49 days of the November 12 ruling.