State v. Ferrell

Defendant was convicted of unauthorized use of a motor vehicle. ORS 164.135. Under Sentencing Guidelines grid block 3E, his presumptive sentence was 24 months’ probation. The sentencing court found aggravating factors and sentenced defendant to 24 months’ imprisonment. Defendant concedes that the sentencing court could lawfully depart from the presumptive sentence of probation and impose a prison term of 12 months. He challenges the additional 12 months’ imprisonment, arguing that it is not supported by independent substantial and compelling reasons as required by OAR 253-08-005(3). We agree…