State v. Rogers
This text of 708 P.2d 650 (State v. Rogers) 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 of six counts of burglary in the first degree. He appeals the convictions on four of the counts which were based on his being armed with burglar’s tools. He contends that his convictions in those cases must be modified to convictions of burglary in the second degree, because the tools in question were not established to be burglar’s tools. ORS 164.235(2). The state concedes that defendant is correct. We agree. State v. Graves, 299 Or 189, 700 P2d 244 (1985); State v. Sells, 299 Or 198, 702 P2d 68 (1985).
In cases 10-84-07913, 10-84-07914, 10-84-09595 and 10-84-09676 the judgments are vacated and remanded for entry of judgment of conviction for burglary in the second degree in each case and for resentencing; otherwise affirmed.
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Cite This Page — Counsel Stack
708 P.2d 650, 76 Or. App. 390, 1985 Ore. App. LEXIS 3997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rogers-orctapp-1985.