State v. Teixeira

Defendant, who was convicted of one count of burglary in the first degree, ORS 164.225, and multiple counts of first- and second-degree theft, ORS 164.055; ORS 164.045, appeals, assigning error to the imposition of an upward durational departure sentence on the first-degree burglary conviction. He contends that the trial court erred in predicating that departure, in part, on the “multiple victims” enhancement factor, OAR 213-008-0002(l)(b)(G) (3/8/96), which, defendant asserts, is inapposite given the circumstances of the burglary. That rule allows an upward dura-tional departure from a…