State v. Davis

In this felony sentencing guidelines case, the issue is whether OAR, 253-08-007(3), which limits the “incarceration term” that a convicted offender may serve under a “departure” sentence that has been imposed on the offender in the form of a consecutive sentence, applies to the entire indeterminate term of a sentence under the dangerous offender statutes, ORS 161.725 to 161.737. We hold that it does.

To understand the issue in this case, one must have, at the very least, a basic understanding of what the Oregon felony sentencing guidelines are and how they operate. Because this case marks the…