State v. Dvorak

On the state’s motion for reconsideration of our opinion, 121 Or App 626, 855 P2d 1148 (1993), we allow the motion and modify our opinion.

Defendant was convicted of burglary in the first degree and attempted rape in the first degree, arising from the same criminal episode. The trial court imposed a 55-month sentence for the burglary conviction and a 20-month consecutive sentence for the attempted rape. The state conceded that the court erred in failing to impose sentence for the attempted rape under column I of the sentencing guidelines grid, as required by OAR 253-12-020 (2)(a)(B). On…