State v. Quintero

Defendant was convicted of one count of attempted rape in the first degree, ORS 163.375, and two counts of sexual abuse in the first degree, ORS 163.427. On appeal, defendant contends that the sentence imposed by the trial court violated the “400 percent rule,” which limits consecutive sentences under the sentencing guidelines, OAR 213-008-0007. The state contends that defendant’s claim of error is unpreserved and unreviewable and, in any event, that the sentence was lawful. We conclude that the sentence was erroneous but, for the reasons that follow, decline to review it. Therefore, we…