STATE v. FLANIGAN

CC CM90-0797; CA A68280; SC S39618.

851 P.2d 1120 (1993)

316 Or. 329

STATE of Oregon, Petitioner on Review, v. Michael Phillip FLANIGAN, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided May 20, 1993.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With Robert B. Rocklin, Asst. Atty. Gen., Salem, on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for respondent on review.


GRABER, Justice.

The issue in this criminal case is the application of the offense subcategories of Burglary I provided in the Oregon sentencing guidelines, OAR chapter 253, division 4.

Defendant was charged with burglary in the first degree, ORS 164.225,1 and robbery in the second degree, ORS 164.405. The accusatory instrument alleged that, during the commission of the burglary, "defendant caused or threatened physical injury...

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