State v. Cervantes

*777*199Defendant appeals a judgment of conviction entered after his resentencing on remand in State v. Cervantes , 271 Or. App. 234, 351 P.3d 761 (2015). Defendant argues that the trial court plainly erred when it failed to apply the "shift-to-I" rule in calculating his sentences on his convictions for third-degree sodomy in Counts 22 and 23, which involved the same criminal episode and the same victim. See OAR 213-012-0020. Specifically, defendant argues that the trial court erred by not applying the "shift-to-I" rule in calculating his criminal history score on Count 23 when the court ordered…