State v. Frey

Defendant appeals a judgment of conviction for attempted burglary in the first degree with a firearm and numerous other offenses. ORS 164.225; ORS 161.405; ORS 161.610. Defendant contends, inter alia, that, under State v. Boots, 308 Or 371, 780 P2d 725 (1989), cert den, 510 US 1013 (1993), the trial court erred in failing to instruct the jury, with respect to the attempted burglary charge, that at least 10 jurors must agree on which specific crime defendant intended to commit when attempting to enter the dwelling. Defendant also contends that the trial court erred in imposing upward departure…