STATE v. HILLENKAMP

C011490CR; A120685.

108 P.3d 29 (2005)

198 Or. App. 68

STATE of Oregon, Respondent, v. Steven James HILLENKAMP, Appellant.

Court of Appeals of Oregon.

Decided March 2, 2005.


Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. With him on the briefs was Chilton, Ebbett & Rohr, LLC.

Bethany Cunningham, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for theft in the first degree. He challenges both the sufficiency of the evidence and the fact that the trial court sentenced him, in part, on the basis of facts not found by a jury. We conclude that the trial court correctly concluded that the evidence was legally sufficient, but we vacate the sentence and remand for resentencing.

The relevant facts are not in dispute. Beaverton Patrol Officer Chad Opitz...

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