State v. Drake

Defendant was convicted of burglary in the first degree, ORS 164.225, assault in the second degree, ORS 163.175, assault in the fourth degree, ORS 163.160, and criminal mischief in the second degree. ORS 164.354. He first assigns error to the sentencing court’s finding that the burglary conviction comes within grid block 9 C, under which the court imposed 60 months imprisonment.

Under the sentencing guidelines, burglary may be classified in crime category 7, 8 or 9, depending on the circumstances surrounding the offense. OAR 253-04-002, App 2 and 3. 1 A category 8 burglary is distinguished…