State v. Barber

Defendant pleaded guilty to three counts of burglary in the first degree, ORS 164.225, and one count of aggravated theft in the first degree. ORS 164.057. The court found aggravating circumstances and imposed a departure sentence of 52 months imprisonment.

Defendant assigns error to the imposition of sentence without giving him 161 days credit for the time spent in jail between his arrest and the date of sentencing. The sentencing court assumed that, under the guidelines, it was in the court’s discretion whether to give credit. The state concedes that the court erred in that assumption, and we…