State v. Davidson

Defendant was convicted after a stipulated facts trial of second-degree kidnapping, ORS 163.225, unlawful use of a weapon, ORS 166.220, and felon in possession of a firearm, ORS 166.270. He received a prison sentence of 63 months on the kidnapping conviction, 1 and a 22-month consecutive prison sentence for unlawful use of a weapon. Defendant argues for the first time on appeal that imposition of the 22-month consecutive sentence was error because the trial court failed to calculate his criminal history score for purposes of that offense using OAR 213-012-0020(2)(a)(B), which provides that,…