State v. Jones

Defendant was found guilty of rape in the first degree, ORS 163.375, and rape in the second degree. ORS 163.365. He first argues that the 20-year sentence imposed under ORS 137.635 for the first-degree rape conviction exceeded the maximum permissible under the sentencing guidelines. For the reasons set out in State v. Haydon, 113 Or App 205, 832 P2d 457 (1992), we agree.

Defendant also argues that the sentencing court erred in specifically denying him credit for time served. The state responds that he made no showing of the length of his pretrial incarceration or whether any of the pretrial…