STATE v. OWENS

90-06-33809; CA A67526.

829 P.2d 726 (1992)

112 Or. App. 462

STATE of Oregon, Respondent, v. Celeste Veeta OWENS, Appellant.

Court of Appeals of Oregon.

April 22, 1992.


Attorney(s) appearing for the Case

David K. Allen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


WARREN, Presiding Judge.

Defendant was convicted of arson in the first degree. ORS 164.325. She challenges her sentence, claiming that the sentencing court erred in determining her crime seriousness classification. We remand for resentencing.

Although ORS 164.325 does not subcategorize arson I, under the sentencing guidelines it is classified as category 9 on the crime seriousness scale, if the economic loss is greater than $50,000 and the offense did not...

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