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STATE v. CUEVAS

CC 09082394C; CA A149668; SC S062464.

361 P.3d 581 (2015)

358 Or. 147

STATE of Oregon, Petitioner on Review, v. Santos CUEVAS, Respondent on Review.

Supreme Court of Oregon, En Banc.

November 13, 2015.

Attorney(s) appearing for the Case

Doug M. Petrina , Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Jesse Wm. Barton , Salem, argued the cause and filed the brief for respondent on review.

Kyle Krohn , Deputy Public Defender, Salem, filed the brief for amicus curiae Office of Public Defense Services. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

This case involves two sentencing guidelines rules. One rule directs trial courts to count a defendant's convictions at the time of sentencing in calculating the defendant's criminal history. OAR 213-004-0006(2). The other rule limits the length of a consecutive sentence that a trial court can impose.

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