State v. Smith

Defendant, having been convicted of first degree burglary, appeals under ORS 138.050 the sentence imposed. He contends, among other things, that the trial court erred in failing to comply with ORS 137.120(2) which states in pertinent part:

"* * * The court shall state on the record the reasons for the sentence imposed.” (Emphasis supplied.)

As we pointed out in State v. Dinkel, 34 Or App 375, 579 P2d 245 (1978), this constituted a legislative mandate. The trial court made the following comments:

"THE COURT: Let’s go through your record. The Court must apparently now give an explanation.

"THE…