State v. Vasby

In this consolidated appeal, defendant appeals from his convictions for burglary in the second degree, ORS 164.215, and theft in the first degree. ORS 164.045. He contends that the court erred in both sentencing him and placing him on probation. We vacate the sentences and remand.

Defendant was charged in two indictments with various offenses. He pled guilty to burglary in the second degree alleged in the first indictment. In the written “Order of Probation,” the court said:

“IT IS HEREBY ORDERED AND ADJUDGED that the defendant is sentenced to pay restitution herein in the sum of $17,509.50,…