State v. Pittsley

215 P.3d 875, 229 Or. App. 706, 2009 Ore. App. LEXIS 1031

Opinion

PER CURIAM

Defendant was convicted of burglary and other offenses. On the burglary conviction, the trial court imposed the maximum sentence allowed under grid block 7-A of the sentencing guidelines. On appeal, defendant contends that he instead should have been sentenced under grid block 7-B, which has a shorter maximum allowable sentence, because the state failed to prove that a prior out-of-state conviction constituted a “person” felony for purposes of the guidelines. The state concedes that the trial court erred in that regard. We agree and accept the state’s concession.

Defendant also raises a number of other challenges to his convictions and sentences, each of which is unpreserved and/or lacks merit. We reject those challenges without discussion.

Remanded for resentencing; otherwise affirmed.