State v. Burns

On November 14, 2013, we issued an opinion in which we concluded that the trial court sentenced defendant based on an erroneously inflated criminal history score for one of his convictions, and we reversed and remanded for resentencing. State v. Burns, 259 Or App 410, 430, 314 P3d 288 (2013). We rejected the state’s argument that the appeal was not ripe, noting that the error would adversely affect defendant should he be subject to revocation of his probation and that his appeal was his sole opportunity to assign error to the criminal history score. Id. at 419. After the decision, but before…