State v. Parsons

Defendant appeals his convictions for first degree sodomy, ORS 163.405, second degree sexual abuse, ORS 163.425, and conspiracy to commit rape, ORS 161.450 and ORS 163.375. The state cross-appeals, assigning error to the trial court’s downward departure sentences on the convictions for sodomy and conspiracy to commit rape. We address only the state’s cross-appeal and reverse.

Defendant’s sentencing gridblock was 10 C, 1 which specifies a presumptive prison sentence of 111 to 115 months for the convictions for sodomy and conspiracy to commit rape. The trial court imposed concurrent downward…