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STATE v. LARK

CC C89-12-37103; CA A67396; SC S39550.

851 P.2d 1114 (1993)

316 Or. 317

STATE of Oregon, Petitioner on Review, v. Jason Leon LARK, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided May 20, 1993.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With Robert B. Rocklin, Asst. Atty. Gen., Salem, on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for respondent on review.

GRABER, Justice.

In this criminal case, we are called on to apply "offense subcategories" provided in the Oregon sentencing guidelines, OAR chapter 253, division 4. OAR 253-04-001 provides in part:

"(1) The [sentencing guidelines] grid is a two-dimensional offense and criminal history classification tool. The grid's vertical axis is the Crime Seriousness Scale which classifies current crimes of conviction. The grid's horizontal axis is the Criminal History...

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