State v. Witherspoon

EDMONDS, S. J.,

dissenting.

As framed by the parties, this case presents a question of first impression: whether, under OAR 213-004-0006, the trial court erred when it imposed the sentence on Count 4 based on defendant’s convictions on Counts 1 and 2. Defendant argues that his convictions on Counts 1, 2, and 4 were the result of a continuous and uninterrupted course of conduct against the same victim and, therefore, the court erred when it reconstituted defendant’s criminal history score on Count 4 based on his convictions on Counts 1 and 2 and thereafter imposed a 14-month prison term after…