STATE v. HICKS

201000578A; A145106.

275 P.3d 195 (2012)

249 Or. App. 196

STATE of Oregon, Plaintiff-Respondent, v. James David HICKS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 4, 2012.


Attorney(s) appearing for the Case

Jonah Morningstar , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jeremy C. Rice , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before BREWER, Presiding Judge, and GILLETTE, Senior Judge.


BREWER, P.J.

Defendant appeals from his convictions for second-degree burglary, ORS 164.215, and first-degree criminal mischief, ORS 164.365. He raises two assignments of error, the first of which we reject without discussion. In his second assignment of error, defendant challenges the sentences that the trial court imposed under ORS 137.717(1)(b) (2009).1 The presumptive sentence for each conviction...

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