State v. Brand

Defendant appeals the trial court’s judgment revoking the terms of his probationary supervision and imposing consecutive incarceration sanctions. He argues that, because he committed a single probation violation, the court was required, by OAR 213-012-0040(2), to impose concurrent sanctions. We agree and, therefore, we reverse and remand for further proceedings.

The relevant facts are procedural. On September 24, 2009, pursuant to a plea agreement, defendant pleaded guilty to Counts 1 and 2, unlawful delivery of a controlled substance to a minor, ORS 465.906, and Count 4 of the indictment,…