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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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