State v. Deck
This text of 898 P.2d 1370 (State v. Deck) 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
Under a plea agreement, defendant pleaded guilty to burglary in the first degree and attempted rape in the first degree. In a separate proceeding, he pleaded guilty to sexual abuse in the third degree. Two separate judgments were entered, but the convictions were consolidated for sentencing. On the burglary conviction,1 the trial court imposed an 80-month upward-departure incarceration term “subject to ORS 137.635.”
The state concedes that the trial court erred in imposing the upward-departure sentence, because defendant had not been convicted of any felony designated in the applicable subsection of ORS 137.635. We accept the concession.
Convictions affirmed; remanded for resentencing.
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Cite This Page — Counsel Stack
898 P.2d 1370, 135 Or. App. 538, 1995 Ore. App. LEXIS 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-deck-orctapp-1995.