RICHARDSON, Chief Judge.
Defendant appeals his conviction for theft in the second degree. ORS 164.045. He contends that the trial court erred by denying his motion for mistrial and by sentencing him to jail as a condition of probation under ORS 137.540(2). We affirm the conviction but remand for resentencing.
In the first assignment, defendant argues that a mistrial was required because the prosecutor commented on his failure to explain his actions when he...
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