State v. Tracy

Defendant was convicted of manslaughter in the first degree, ORS 163.118, and sentenced to a 65-month prison term. She was also convicted on two counts of criminal mistreatment, ORS 163.205, with presumptive probationary sentences in grid block 7-H. OAR 263-08-005(1) authorizes a dispositional departure of 18 months in prison for sentences in that grid block. The court imposed prison terms of 36 months on each mistreatment conviction.1 Defendant challenges those sentences, arguing that the court did not have authority to impose a “durational departure on a dis-positional departure from a…