State v. Cloutier

We perceive the question before us to be whether State v. Gilbert, 281 Or 101, 574 P2d 313 (1978), implicitly held that ORS 131.505, enacted in 1973, overruled State v. Woolard, 259 Or 232, 484 P2d 314, 485 P2d 1194 (1971), which held a defendant could not be separately convicted and sentenced for burglary and the crime intended to be committed within the burglarized premises. We conclude that the Gilbert analysis is so inconsistent with Woolard tiaai Woolard must be deemed to have been overruled by ORS 131.505.

Defendant was charged with first degree burglary and attempted second degree…