State v. Casavan

After a stipulated facts trial, defendant was found guilty of burglary in the first degree. ORS 164.225. The sentencing court classified the conviction as a crime category 8 offense because it was committed in an occupied dwelling. OAR 253-04-002(2), App 3. Defendant assigns error to that classification. We review as a question of law a claim that the sentencing court erred in ranking the crime seriousness classification of the current crimes, ORS 138.222(4)(b), and affirm.

Under the sentencing guidelines, a conviction for first-degree burglary can fall within one of three crime categories,…