State v. Shields

"Under OAR 213-004-0011(1), prior out-of-state convictions are to be included in a defendant’s criminal history only 'if the elements of the offense would have constituted a felony or Class A misdemeanor under Oregon law.'"

Defendant appealed a judgment sentencing him to prison and post-prison supervision upon the conviction of first-degree burglary. Defendant assigned error to the lower court for miscalculating his criminal history. Defendant was placed in the highest category as a result of five out-of-state convictions. At trial, the State argued that the offenses committed out of Oregon were, nonetheless, related to his Oregon offense. "Out-of-state convictions are to be included in a defendant’s criminal history score, but only if the elements of the out-of-state offense 'correspond to the elements of an Oregon felony or Class A misdemeanor.'" State v. Tapp, 110 Or App 1, 4, 821 P2d 1098 (1991). The Court reviewed several methods the State can use to prove that Defendant’s past crimes are related, although the State failed to meet its burden. The Court concluded that the sentencing court erred in calculating Defendant’s crimes because it counted two out-of-state convictions, neither of which had any relation to Defendant’s Oregon offenses. Reversed and remanded for resentencing; otherwise affirmed.