State v. Determann

Defendant petitions for review of our opinion in which we remanded his consecutive sentences for resentencing. 115 Or App 627, 839 P2d 748 (1992). Treating the petition as one for reconsideration, ORAP 9.15, we allow it in order to clarify how, on remand, the incarceration term of the consecutive sentences should be calculated.

The trial court determined that, for sentencing purposes, the primary offense was one of defendant’s convictions for sodomy. The presumptive sentence for that conviction was 125 months. The court concluded that defendant was a dangerous offender and departed from the…