guidelines is the 99-block Sentencing Guidelines Grid. See OAR ch 253, app 1 (setting out the grid). A ‘Crime Seriousness Scale’ serves as the vertical axis of the grid. *** A ‘Criminal History Scale’ serves as the horizontal axis of the grid. * * * The appropriate sentence for a given felony conviction is determined by (1) locating the appropriate category for the crime of conviction on the Crime Seriousness Scale; (2) locating the appropriate category for the convicted offender on the Criminal History Scale; and (3) locating the grid block where the two categories intersect.” State v. Davis, 315 Or 484, 487, 847 P2d 834 (1993). 7 We reject the state’s argument that Sundberg is not relevant here because it was not decided until after defendant’s trial. See Jury, 185 Or App at 136 (<HOLDING>) (emphasis added)). 8 The fact that defendant
holding that clearly established federal law as determined by the supreme court under aedpa is the law at the time of the statecourt adjudication on the merits not at the time the conviction becomes final holding that whether error is apparent is determined by reference to the law as of the time the appeal is decided holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal holding that the court of appeals in applying state law on appeal of a diversity action must apply law of the state as it existed at the time of its decision rather than as it stood at the time the case was decided in district court holding that appellate courts analyze plain error by reference to the law as of the time the appeal is decided rather than the extant law at the time of the disputed trial court ruling