State v. Dvorak

Defendant was convicted of two counts of burglary in the first degree, ORS 164.225, and one count of attempted rape in the first degree. ORS 163.375; ORS 161.405. The court merged the burglary convictions and imposed a presumptive sentence of 55 months incarceration. It then imposed a sentence of 20 months on the attempted rape conviction, to be served consecutively to the burglary sentence. Defendant challenges the consecutive sentence imposed on the rape conviction. The state concedes that the court erred by failing to impose sentence on that conviction according to crime seriousness column…