State v. Minter

After a trial to the court, defendant was found guilty of burglary in the first degree. ORS 164.225. For purposes of sentencing, the court classified the conviction as a Crime Category 7 offense. The state appeals and assigns error to the classification, arguing that the court was required to classify the conviction in Crime Category 9 because the state charged and proved that defendant was armed with a deadly weapon when he committed the crime. OAR 253-04-002(2), App 3. We review a claim that a sentencing court erred in ranking the crime seriousness classification of the current crime as a…