State v. Galvin

Defendant was tried and convicted on two counts of driving under the influence of intoxicants, ORS 813.010, two counts of reckless driving, ORS 811.140, two counts of felony driving while suspended, ORS 811.182, and one count of failure to perform the duties of a driver, ORS 811.700. On appeal, defendant challenges his sentences on each of the convictions except for the two convictions for felony driving while suspended. For the following reasons, we remand for resentencing.

At sentencing, the trial court imposed consecutive upward departure sentences of six months on each of the felony…