State v. Christman

Defendant was convicted of manslaughter in the second degree, ORS 163.125, failure to perform the duties of a driver to an injured person, ORS 811.705, three counts of recklessly endangering another person, ORS 163.195, and reckless driving. ORS 811.140.1 The trial court pronounced the sentencing guidelines unconstitutional and refused to follow them. The state agrees with defendant that the court erred and that the sentences for manslaughter and failure to perform the duties of a driver must be remanded for resentencing under the guidelines. State v. Spinney, 109 Or App 573, 820 P2d 854…