State v. Brown

Defendant was convicted of seven counts of burglary in the second degree, ORS 164.215, and one count of possession of a controlled substance. ORS 475.992(4)(b). He appeals from the consecutive sentences imposed on seven of the convictions. The state concedes that the court erred in imposing 90 days incarceration on each of those convictions under OAR 253-05-013(3). That rule does not apply when, as in this case, incarceration terms of presumptively probationary sentences are served consecutively to a sentence that includes a prison term. OAR253-12-020(2)(d); State v. Holliday, 110 Or App 426,…