Oregon v. Cantrell

Defendant appeals the sentencing court's ranking of his conviction for sexual abuse in the second degree, ORS 163.425, at level 8 of the crime seriousness scale. He concedes that the standard of review for whether a court has incorrectly ranked an unranked offense is for an abuse of discretion. See State v. Rathbone II, 110 Or App 419, 823 P2d 432 (1991), rev den 313 Or 300 (1992). He argues, however, that 1993 legislation should be ""persuasive authority"" for his argument that the court erred.