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STATE v. DECLEVE

A163388.

450 P.3d 999 (2019)

299 Or. App. 528

STATE of Oregon, Plaintiff-Respondent, v. Eric Francisco DECLEVE, Defendant-Appellant.

Court of Appeals of Oregon.

September 25, 2019.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and David O. Ferry , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Powers, Judge, and Mooney, Judge.

In this criminal case, we address whether a trial court commits plain error when it sentences a defendant using the "shift to I" rule required by OAR 213-012-0020 (2)(a)(B), but neglects to apply the "200 percent rule" in OAR 213-012-0020(2)(b). Defendant asserts that the trial court committed plain error and that we should exercise our...

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