State v. Gipson

Defendant appeals a judgment of conviction for first-degree sodomy, ORS 163.405, and second-degree sexual abuse, ORS 163.425. Defendant argues that the trial court improperly categorized his criminal history score and, therefore, exceeded its authority in imposing a 144-month term of incarceration on the first-degree sodomy offense, based on the Oregon Sentencing Guidelines. We review the trial court’s sentencing determinations for errors of law, ORS 138.222(4), and affirm.

We begin by discussing the applicable framework provided by the sentencing guidelines grid. The sentencing guidelines…