State v. Jones

Court of Appeals of Oregon

State v. Jones

812 P.2d 9, 107 Or. App. 301, 1991 Ore. App. LEXIS 824

CourtCourt of Appeals of Oregon

DecidedMay 22, 1991

DocketC89-05-32219; CA A63465

StatusPublished

Cited by1 cases

This text of 812 P.2d 9 (State v. Jones) 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.

Bluebook

State v. Jones, 812 P.2d 9, 107 Or. App. 301, 1991 Ore. App. LEXIS 824 (Or. Ct. App. 1991).

Pincite

Opinion

DEITS, J.

Defendant appeals his conviction for robbery in the third degree, ORS 164.395, and challenges the imposition of consecutive sentences on his convictions for theft in the first degree and burglary in the second degree. ORS 164.055; ORS 164.215. We affirm the convictions but remand for resentencing.

The victim in this case, the owner of a formal-wear store, came upon defendant late one evening as he was removing tuxedos from the loading dock of her store. She pressed a security buzzer and screamed, “Robbery.” Defendant threw the tuxedos over a security fence behind the store and jumped over the fence to the sidewalk. When the victim approached him to try to prevent his escape, defendant, while holding an armful of formal-wear, struck her with his elbow or shoulder, knocking her to her knees. He then fled. Defendant was arrested and, following a trial to the court, was convicted of burglary, theft and robbery.

Defendant argues that the court erred in convicting him of robbeiy in the third degree, because there was insufficient evidence to prove, beyond a reasonable doubt, that he knowingly and intentionally used physical force upon the victim, with the intent to overcome resistance to theft of property. ORS 164.395. He asserts that his contact with the victim was inadvertent. We hold that there was sufficient evidence for the trial court to conclude that defendant intentionally struck the victim to prevent her from thwarting his escape.

Defendant next argues that the trial court erred in imposing consecutive sentences on his convictions for burglary in the first degree and theft in the second degree, because the trial court failed to apply ORS 137.123(4) and failed to make findings to indicate that the requirements of that statute were met. The state agrees that the court did not make any findings relating to that statute. In order to impose consecutive sentences, the court must find that consecutive sentences are authorized by ORS 137.123(4)(a) or (b). State v. Racicot, 106 Or App 557, 809 P2d 726 (1991).

Convictions affirmed; sentences for theft and burglary vacated; remanded for resentencing.

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DEITS, J.

Defendant appeals his conviction for robbery in the third degree, ORS 164.395, and challenges the imposition of consecutive sentences on his convictions for theft in the first degree and burglary in the second degree. ORS 164.055; ORS 164.215. We affirm the convictions but remand for resentencing.

The victim in this case, the owner of a formal-wear store, came upon defendant late one evening as he was removing tuxedos from the loading dock of her store. She pressed a security buzzer and screamed, “Robbery.” Defendant threw the tuxedos over a security fence behind the store and jumped over the fence to the sidewalk. When the victim approached him to try to prevent his escape, defendant, while holding an armful of formal-wear, struck her with his elbow or shoulder, knocking her to her knees. He then fled. Defendant was arrested and, following a trial to the court, was convicted of burglary, theft and robbery.

Defendant argues that the court erred in convicting him of robbeiy in the third degree, because there was insufficient evidence to prove, beyond a reasonable doubt, that he knowingly and intentionally used physical force upon the victim, with the intent to overcome resistance to theft of property. ORS 164.395. He asserts that his contact with the victim was inadvertent. We hold that there was sufficient evidence for the trial court to conclude that defendant intentionally struck the victim to prevent her from thwarting his escape.

Defendant next argues that the trial court erred in imposing consecutive sentences on his convictions for burglary in the first degree and theft in the second degree, because the trial court failed to apply ORS 137.123(4) and failed to make findings to indicate that the requirements of that statute were met. The state agrees that the court did not make any findings relating to that statute. In order to impose consecutive sentences, the court must find that consecutive sentences are authorized by ORS 137.123(4)(a) or (b). State v. Racicot, 106 Or App 557, 809 P2d 726 (1991).

Convictions affirmed; sentences for theft and burglary vacated; remanded for resentencing.

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Bluebook (online)

812 P.2d 9, 107 Or. App. 301, 1991 Ore. App. LEXIS 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-orctapp-1991.

Opinion

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