State v. Lark

In this criminal case, we are called on to apply “offense subcategories” provided in the Oregon sentencing guidelines, OAR chapter 253, division 4. OAR 253-04-001 provides in part:

“(1) The [sentencing guidelines] grid is a two-dimensional offense and criminal history classification tool. The grid’s vertical axis is the Crime Seriousness Scale which classifies current crimes of conviction. The grid’s horizontal axis is the Criminal History Scale which classifies criminal histories.

“(2) Each grid block states the presumptive sentence for an offender whose crime of conviction and criminal…