State v. Rettmann

Defendant was convicted of, among other offenses, attempted aggravated murder, ORS 163.095; ORS 161.405, and assault in the second degree, ORS 163.175, after defendant cut his son’s wrist with a knife. The trial court imposed consecutive sentences on those convictions pursuant to ORS 137.123(5)(b) on the ground that the attempted aggravated murder caused a qualitatively different loss to the victim. Defendant appeals, challenging the imposition of consecutive sentences. We remand for resentencing.

At the time of the offenses, defendant’s son, C, was five years old. Defendant and C’s mother,…