State v. Lehnherr

Defendant was convicted after a jury trial of burglary in the first degree and criminal conspiracy. The state concedes that the court’s sentencing order incorrectly entered a judgment of conviction on both counts in violation of ORS 161.485(3). We remand for resentencing. State v. Peterson, 26 Or App 471, 552 P2d 1320 (1976).

Defendant’s remaining assignments of error challenge the sufficiency of the evidence corroborating the testimony of an accomplice as required by ORS 136.440(1), 1 and the constitutionality of ORS 17.355(3) which permits the secret written polling of the jury.

The evidence…