State v. Rickerd

A jury found defendant guilty of sodomy in the first degree, ORS 163.405(l)(a), and sexual abuse in the first degree. ORS 163.425(l)(a).1 He appeals the 20-year determinate sentence imposed on the sodomy conviction.

The state requested that the court sentence defendant as a dangerous offender under ORS 161.725 and order that the sentence be determinate under ORS 137.635(1). Defendant committed the crime before January 1,1990. The court specifically held that the “correct” sentencing grid blocks were not applicable, because the offenses were not subject to sentencing guidelines. It found that…