State v. Nesbit

Defendant appeals from a judgment imposing enhanced sentences for two of three counts of aggravated theft in the first degree, ORS 164.057, following his plea of no contest to an indictment charging three counts of aggravated theft in the first degree. The trial court sentenced defendant to probation on Count 1 and then counted the conviction on Count 1 as a previous conviction to support the enhanced sentences on Counts 2 and 3. See ORS 137.717(l)(a)(A) (2009).1 We conclude that the state failed to meet its burden to prove that the three counts of aggravated theft arose out of separate…