STATE v. CERVANTES

A163274.

418 P.3d 776 (2018)

292 Or.App. 198

STATE of Oregon, Plaintiff-Respondent, v. Rodolfo CERVANTES, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

May 31, 2018.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Daniel C. Bennett , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Lauren P. Robertson , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.


Defendant appeals a judgment of conviction entered after his resentencing on remand in State v. Cervantes, 271 Or.App. 234, 351 P.3d 761 (2015). Defendant argues that the trial court plainly erred when it failed to apply the "shift-to-I" rule in calculating his sentences...

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