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STATE v. CASAVAN

Nos. 10-94-03779; CA A85738.

912 P.2d 946 (1996)

139 Or. App. 544

STATE of Oregon, Respondent, v. Richard Douglas CASAVAN, Appellant.

Court of Appeals of Oregon.

Decided March 13, 1996.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

After a stipulated facts trial, defendant was found guilty of burglary in the first degree.1 ORS 164.225. The sentencing court classified the conviction as a crime category 8 offense because it was committed in an occupied dwelling. OAR 253-04-002(2), App. 3. Defendant assigns error to that classification. We review as a question of law a claim that the sentencing court erred in ranking the crime seriousness classification...

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