State v. Gasche

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Sentencing
  • Date Filed: 12-23-2015
  • Case #: A156257
  • Judge(s)/Court Below: Per Curiam; Ortega, P.J.; Lagesen, J.; & Garrett, J.
  • Full Text Opinion

Under OAR 213-012-0020(2)(a)(B), the "shift-to-I" rule applies only when consecutive sentences are imposed for crimes that arise from a single criminal episode.

Defendant appeals the trial court's sentencing after his conviction of multiple sex-offenses against the same victim. Defendant argued that the trial court erred by failing to apply the "shift-to-I" rule of OAR 213-012-0020(2)(a)(B) because the State failed to show that the multiple offenses did not arise from a single criminal episode. On appeal, the State conceded that there was nothing in the record to show that Defendant's convictions arose from separate criminal episodes or involved separate victims, and therefore it erred by failing to apply the "shift-to-I" rule in sentencing. The Court agreed that the trial court committed plain error. Remanded for resentencing; otherwise affirmed.

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