State v. Tremillion

Defendant pled no contest to a charge of failure to perform the duties of a driver to injured persons (felony hit and run). ORS 811.705(1). The sentencing court imposed a sentence of 15 to 18 months imprisonment, the presumptive range for grid block 6 C. Defendant argues that the court erred in not sentencing him to a definite term of imprisonment.

The state concedes that defendant is correct. OAR 253-05-001 requires a term of imprisonment “within the durational range of months stated in the grid block.” OAR 253-05-005 requires that the judgment of conviction “shall state the length of…