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State v. Monro

Summarized by: 

Date Filed: 05-08-2013
Case #: A144968
Armstrong, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A144968.pdf

Sentencing: The "shift-to-column-I" rule is subject to Measure 11 when a Measure 11 sentence is imposed consecutively with another offense. Where a sentencing conflict between "shift-to-column-I" and Measure 11 exists, the sentence shall be the greater of the two prescribed regimes.

Monro appeals the trial court's sentencing procedure. Monro was convicted of numerous offenses stemming from a multitude of criminal episodes. The trial court imposed consecutive sentences on counts 13 (felon in possession of a firearm) and 32 (first degree robbery). On count 32, the court categorized Monro as a "9A" offender and imposed a 144 month conviction. On appeal, Monro argued that the trial court in sentencing count 32 consecutive with count 29 made Monro eligible under the "shift-to-column-I" rule for a lesser sentence of 72 months. The state countered with evidence that any Measure 11 sentence is not subject to a "shift-to-column-I" rule pertaining to consecutive offenses because Measure 11 sentences are mandatory and supercede the guidelines for consecutive sentencing. The Court of Appeals agreed and remanded the case for resentencing pursuant to Measure 11. The Court also agreed with the State's lesser point that plain error exists where a failure to "shift-to-column-I" is warranted but does not occur. Remanded for resentencing; otherwise affirmed.