State v. Gunter

Defendant appeals his conviction and sentence for rape in the first degree. The trial court determined that defendant’s criminal history score was a B based on an Oregon conviction and a California juvenile adjudication. Defendant argues that his correct criminal history score is a C. The state agrees. Pursuant to ORS 138.227(1), the parties jointly move for remand to the trial court for resentencing. We grant the motion and remand.

Defendant’s California juvenile adjudication was for a violation of the California penal code prohibiting lewd acts with a minor. Under the California statute, a…