STATE v. NORRIS

CF00-0520; A114948.

72 P.3d 103 (2003)

188 Or. App. 318

STATE of Oregon, Appellant, v. James Martin NORRIS, Respondent.

Court of Appeals of Oregon.

Decided June 26, 2003.


Attorney(s) appearing for the Case

Daniel J. Casey, Assistant Attorney General, argued the cause for appellant. With him on the opening brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General. With him on the reply brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jesse Wm. Barton, Chief Deputy Defender, argued the cause for respondent. With him on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


LANDAU, P.J.

Defendant pleaded guilty to one count of felony fourth-degree assault. At sentencing, the trial court calculated defendant's criminal history score at Level C under the sentencing guidelines and sentenced defendant accordingly. In calculating that criminal history score, the court treated two prior convictions as having merged under the "single judicial proceeding" rule and classified a prior resisting arrest conviction as a "non-person" misdemeanor....

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