State v. Davis
This text of 708 P.2d 651 (State v. Davis) 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 was convicted for burglary in the first degree, theft in the first degree and possession of a controlled substance. He appeals only the conviction for burglary. The charge and conviction was for first degree burglary based on the use a burglary tool: a power drill. ORS 164.225(1)(a). The state concedes that the power drill was not proven to be a burglary tool. State v. Graves, 299 Or 189, 700 P2d 244 (1985); State v. Sells, 299 Or 198, 702 P2d 68 (1985). We agree.
Because the court found that defendant committed a burglary, we vacate the judgment on the burglary in the first degree and remand for entry of a judgment of conviction for burglary in the second degree and for resentencing.
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Cite This Page — Counsel Stack
708 P.2d 651, 76 Or. App. 394, 1985 Ore. App. LEXIS 3999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-orctapp-1985.