State v. Eades

Defendant was convicted of felony driving under the influence of intoxicants (DUII). ORS 813.010. The trial court sentenced him to 30 months’ imprisonment plus 24 months’ post-prison supervision and ordered him to pay a $2,000 fine. Defendant appeals, challenging the lawfulness of his sentence in several respects. We affirm.

Defendant first contends that the trial court erred in counting his prior DUII convictions when calculating his criminal history score for sentencing purposes, as it already had counted those prior convictions as elements of the felony DUII charge. We decided precisely…