STATE v. LARK

C89-12-37103; CA A67396.

833 P.2d 1286 (1992)

113 Or. App. 458

STATE of Oregon, Respondent, v. Jason Leon LARK, Appellant.

Court of Appeals of Oregon, In Banc.

Decided June 10, 1992.


Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, 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.


DE MUNIZ, Judge.

After a trial to the court on stipulated facts, defendant was convicted of burglary in the first degree. ORS 164.225. The indictment alleged that the offense "occurred in an occupied dwelling." Defendant stipulated that he and an accomplice had burglarized an occupied dwelling, but that he did not personally enter the dwelling. On appeal he challenges the classification of his conviction on the Crime Seriousness...

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