State v. Allen

In this case involving multiple crimes arising from a single criminal episode, the trial court held that, as soon as it pronounced sentence on one of the crimes, that conviction became part of defendant’s criminal history for the purpose of sentencing on the remaining crimes. Defendant argues that the trial court erred in doing so, because the applicable sentencing rule, OAR 253-04-006(2), 1 does not permit the “current crime or crimes of conviction” to be considered part of his criminal history. We agree and remand for resentencing.

On August 12, 1995, defendant ran a red light and collided…