State v. Howell

This is a companion case to State v. Howell, 8 Or App 323, 493 P2d 733, decided by opinion and handed down today, in which we affirmed the conviction of Howell for burglary. The case at bar is an appeal by Howell from the enhanced penalty imposed upon him as a consequence of the burglary conviction because of previous felony convictions.

Upon his conviction on the burglary charge the court imposed a sentence of not to exceed four years’ imprisonment. The district attorney then instituted enhanced penalty proceedings and at the hearing produced a record of four previous out-of-state felony…