State v. Little

Defendant pleaded guilty to sexual abuse in the first degree, former ORS 163.425(2), a Class C felony. His placement on the sentencing guidelines grid block was 8-G, with a presumptive prison term of 21-22 months. The court imposed an upward departure sentence of 36 months in prison with a post-prison supervision term of 36 months under OAR 253-05-002(2)(c). Defendant argues that the court erred, because his total sentence of 72 months is beyond the five-year limit of 60 months for a Class C felony under ORS 161.605(3). He argues that, under OAR 253-05-002(4), his terms of incarceration and…