State v. Dallabona

Defendant appeals sentences imposed after his convictions for rape in the first degree, ORS 163.375, and sexual abuse in the first degree, ORS 163.427, following his pleas of guilty pursuant to plea negotiations. Before accepting defendant’s plea, the court noted that the sexual abuse count would merge with the rape count for sentencing purposes and that defendant’s grid block for rape in the first degree appeared to be 9-E. However, the presentence investigation report placed defendant in grid block 10-C, and the court imposed sentence using that block. Defendant did not object to the…