State v. Tapp

Defendant appeals from the presumptive sentence imposed under the sentencing guidelines. ORS 137.010; OAR 253-04-001. He argues that the sentencing court erred in holding that his Washington conviction for assault in the second degree constituted a felony under current Oregon law for guideline purposes. We remand for resentencing.

Defendant does not challenge that his Washington conviction is part of his criminal history; he only challenges its classification as a felony. Under ORS 138.222(4)(b), 1 this court may review a challenge to a presumptive sentence on a claim that the sentencing court…