State v. Rodriquez

Defendant appeals the sentence imposed after he pled guilty to burglary in the first degree pursuant to a plea agreement, ORS 164.225. The indictment originally charged defendant with a burglary in crime seriousness category 9. Pursuant to the plea negotiations, and in exchange for defendant’s guilty plea, the state agreed to strike the subcategory allegation that defendant caused or threatened physical injury to the victim. The trial court was informed that the last sentence of the indictment was to be stricken, changing the crime seriousness category from 9 to 8. It replied, “O.K.” However,…