State v. Steele

Following a jury trial, defendant was convicted of burglary in the first degree, ORS 164.225. The trial court imposed an upward durational departure sentence of 68 months’ imprisonment and ordered that defendant not be considered for sentence modification programs, ORS 137.750. On appeal, defendant argues that the trial court erred by refusing to give a requested jury instruction, by imposing the departure sentence, and by denying him consideration for sentence modification programs.

We reject without discussion defendant’s first assignment of error, regarding the trial court’s refusal to…