State v. Boggs
This text of 154 P.3d 172 (State v. Boggs) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendant pleaded guilty to 14 counts of burglary in the first degree, ORS 164.225, eight counts of theft in the first degree, ORS 164.055, two counts of unauthorized use of a motor vehicle, ORS 164.135, two counts of criminal mischief in the second degree, ORS 164.354, one count of criminal mischief in the first degree, ORS 164.365, and one count of theft in the second degree, ORS 164.045. In exchange for the guilty pleas, the state and defendant agreed that the total determinate sentence imposed on defendant would be a 180-month term of incarceration. The parties appeared in corut and presented the agreement. The court agreed to be bound by the terms of the agreement. After the hearing, however, the court entered a judgment imposing a sentence of 206 months of imprisonment. Defendant twice filed motions to correct the judgment, and the court twice entered corrected judgments. Defendant appeals, arguing that neither of the corrected judgments imposes a 180-month term of imprisonment. The state concedes the error and agrees that the sentence should be vacated and that the case should be remanded for resentencing. We agree and accept the concession.
Sentences vacated; remanded for resentencing; otherwise affirmed.
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Cite This Page — Counsel Stack
154 P.3d 172, 211 Or. App. 384, 2007 Ore. App. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boggs-orctapp-2007.