State v. Gouveia

Defendant appeals his conviction, on a plea of no contest, of unlawful sexual penetration in the first degree. ORS 163.411. The crime was alleged to have occurred between August 1, 1988, and October 1, 1989. The court sentenced defendant as a dangerous offender to 30 years imprisonment with a 9 year minimum term under ORS 144.110. The judgment provided that the sentence was to be served “pursuant to ORS 137.635.”

Because defendant committed the crime before November 1, 1989, the sentencing guidelines do not apply. ORS 137.010(1). Defendant argues that, because the crime was committed before…