State v. Rice

855 P.2d 670, 121 Or. App. 657, 1993 Ore. App. LEXIS 1167

Opinion

PER CURIAM

Defendant pleaded guilty to two counts of first degree burglary. ORS 164.225. The trial court imposed a 24-month sentence on each count and ordered the second count be served consecutively to the first. The state concedes that, under OAR 253-12-020(2)(a), the maximum allowable sentence for Count 2 is 18 months. We accept that concession.¹

Sentence for Count 2 vacated and remanded for resentencing; otherwise affirmed.

Footnotes

1

Because defendant’s plea was not the result of a plea agreement with the state, ORS 138.222(2)(d) does not prohibit us from reviewing this claim of error. See State v. Adams, 315 Or 359, 847 P2d 397 (1993).