- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 07-06-2017
- Case #: A156954
- Judge(s)/Court Below: Duncan, J. for the Court; DeVore, P. J.; & Garrett, J.
Defendant appealed the trial court’s judgment convicting him for multiple drug offenses and sentencing him to 137 months. Defendant assigned error by imposing consecutive sentences that resulted in a total incarceration term that violated the “200 percent rule.” OAR 213-012-0020 2(b). Defendant argued that the maximum presumptive term for his primary offense was 65 months, making his maximum total sentence 130 months, not 137 months. The State conceded that the trial court had deviated from the 200 percent rule and that the appropriate disposition was resentencing consistent with the 200 percent rule. Under OAR 213-012-0020 2(b), a sentence for a single criminal episode is limited to 200 percent of the presumptive maximum for the primary offense, except by departure. State v. Miller, 317 Or 297, 305 (1993). In this case, the maximum presumptive sentence for the primary offense was 65 months, and the trial court did not make a departure from the felony sentencing grid guidelines. The Court of Appeals held that the trial court plainly erred in imposing the 137 month sentence for Defendant’s convictions. Reversed and remanded for resentencing.