FADELEY, Justice.
The issue in this case is whether defendant's sentence exceeds that permitted by the sentencing guidelines, because his convictions under a first indictment should not have been counted as criminal history for sentencing on the conviction arising from another indictment. Defendant was charged in one indictment with theft in the first degree, a Class C felony offense against property. ORS 164.055. As charged one month and eight days later in a separate...
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