State v. Tallman

The state appeals from a judgment of conviction and sentence, arguing that the sentence imposed by the trial court for one of defendant’s convictions is unlawful. On review for errors of law, ORS 138.222(4)(a), we vacate defendant’s sentences and remand the case for resentencing.

Defendant pleaded guilty to criminal mistreatment in the first degree.1 ORS 163.205. Under the sentencing guidelines grid block applicable to that conviction, the presumptive sentence for defendant’s crime was an incarceration term of 19 to 20 months. At the conclusion of the plea hearing, the court took the case…