Today, in State v. Ortega-Gonsalez, the COA held that the charges that also serve as predicates to a racketeering charge are from the same criminal episode as the racketeering charge. Therefore, the trial court erred by reconstituting the defendant's grid score.
This holding can have an even greater impact on other racketeering defendants. Let's assume the predicate offenses are all felony thefts or UUVs. Assume also the defendant has no criminal history. If all the UUVs/Thefts arise from the same criminal episode as the racketeering charge, the defendant doesn't become internally REPO. Ergo, he stays presumptive probation for all the UUV/Theft counts.
Also, for cases involving one victim (e.g., the state, if all the underlying charges are DCS counts), then the 200% rule also kicks in if the crimes are from one criminal episode.