State v. Orsi/Gauthier

In these two appeals, consolidated for opinion, defendants challenge departure sentences imposed under the sentencing guidelines. ORS 137.010; OAR chapter 253. In State v. Orsi, defendant pled guilty to one count of criminal mischief, ORS 164.635, and was sentenced to 24 months probation. The trial court also imposed a departure sentence of 180 custody units, instead of the presumptive sentence of 90 units. OAR 253-08-006(1). In State v. Gauthier, defendant pled guilty to two counts of burglary, ORS 164.225, and was sentenced to a departure sentence of 48 months imprisonment, twice the…