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STATE v. WEST-HOWELL

11C47990; A150068.

323 P.3d 335 (2014)

261 Or. App. 115

STATE of Oregon, Plaintiff-Respondent, v. Anthony Allen WEST-HOWELL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.

Attorney(s) appearing for the Case

Morgen E. Daniels , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Michael Seung Moak Shin , Senior Assistant Attorney General, argued the cause for respondent. On the answering brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbert , Assistant Attorney General.

Before WOLLHEIM, Presiding Judge, and HASELTON, Chief Judge, and SCHUMAN, Senior Judge.

PER CURIAM.

Defendant was convicted of multiple sexual offenses, including two counts of first-degree sodomy (Counts 2 and 5) and one count of attempted first-degree rape (Count 4). Among other things, the court imposed consecutive sentences on Counts 2 and 4. On appeal, defendant argues that, in calculating the presumptive term for the consecutive sentence on Count 4, the trial court did not shift to Column I, as required...

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