State v. Escalera

Defendant appeals a judgment imposing, pursuant to ORS 137.717(l)(b), a presumptive 13-month prison sentence on his conviction for unauthorized use of a vehicle.1 At issue is whether defendant’s previous conviction for residential burglary in Washington was for a “comparable offense,” within the meaning of ORS 137.717(4)(b), to first-degree burglary under ORS 164.225.2 We review for errors of law, ORS 138.222(4)(b), and affirm.

Defendant pleaded no contest to one count of unauthorized use of a vehicle, ORS 164.135, and one count of felony fleeing or attempting to elude a police officer, ORS…