State v. Lundstedt

Defendant appeals from a judgment of conviction on two counts of assault in the second degree. ORS 163.175. We affirm defendant’s convictions, but remand for resentencing.

Defendant asserts that the trial court erred in several particulars. We write to address only his third assignment of error, that the court, in imposing sentence, erroneously failed to apply the so-called “shift-to-1” rule, OAR 253-12-020(2)(a). We reject his other assignments without further comment.

The court imposed consecutive 20-month sentences for defendant’s two assault convictions. Those sentences were based on the…