View Full Version : "shift to I" rule


october2098360
11-20-2003, 08:25 PM
Does anyone have any specific info on this? I tried decifering OAR 213-012-0020 and managed to confuse myself. If a person was sentenced to 14 mo's for a class C felony and a consecutive sentence of 24 mo's for another class C felony, would shift to I mean that he should only serve 6 months on the second count? If so, how do I go about getting his sentencing corrected?

Zelda50
12-29-2003, 04:00 PM
On consecutive sentences, the second sentence is to be computed as the "I" category for the Criminal History score. That is if the second sentence doesn't come under one of the mandatory sentencing statutes. To get it corrected, it would depend upon how long it has been after sentencing. If it's within 30 days still, he should ask his lawyer to appeal the sentence. If it's after 30 days but within the time limit for Post-Conviction (I think 2 years but I'm not sure), he should file a Petition for Post-Conviction relief (should be forms in the prison law library) and request a court-appointed lawyer too. Zelda