State v. Boitz

Defendant challenges the trial court’s imposition of a departure sentence on his conviction of first-degree burglary. ORS 164.225. The trial court found substantial and compelling reasons to impose the departure sentence based on its firiding of two enhancement facts: (1) that prior criminal sanctions failed to deter defendant from reoffending; and (2) that defendant committed this offense while on release status from pending criminal charges. We remand for resentencing.

The relevant facts are undisputed. The indictment in this case alleged that defendant committed first-degree burglary and…