State v. Owens

Defendant was convicted of arson in the first degree. ORS 164.325. She challenges her sentence, claiming that the sentencing court erred in determining her crime seriousness classification. We remand for resentencing.

Although ORS 164.325 does not subcategorize arson I, under the sentencing guidelines it is classified as category 9 on the crime seriousness scale, if the economic loss is greater than $50,000 and the offense did not present a threat to human life. Arson I is category 10 if the offense presented a serious threat to human life. OAR 253-04-002, App 2; Oregon Sentencing Guidelines…