State v. Hicks

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 was 13 months’ imprisonment. The court imposed the maximum durational departure sentence on each conviction — 26 months’ imprisonment — under ORS 137.717(3)(b) (2009), and provided that those sentences be…