State v. Anderson

Defendant, who was convicted of third-degree rape, ORS 163.355, appeals a judgment revoking his probation. When defendant was originally sentenced to probation, his criminal history score included an assault conviction. While he was serving probation, this court reversed his assault conviction. Subsequently, defendant violated the conditions of his probation. Defendant argues that the sentencing court erred in failing to recalculate his criminal history score when the court revoked his probation, and it thereby imposed a sanction that was improper under the sentencing guidelines and in…