State v. Cuevas

*149KISTLER, J.

This case involves two sentencing guidelines rules. One rule directs trial courts to count a defendant’s convictions at the time of sentencing in calculating the defendant’s criminal history. OAR 213-004-0006(2). The other rule limits the length of a consecutive sentence that a trial court can impose. OAR 213-012-0020(2). On appeal, the Court of Appeals concluded that both rules increased defendant’s sentence based on facts that, under Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), a jury must find beyond a reasonable doubt. State v. Cuevas, 263 Or App…