State v. Keefer

The state appeals from judgments sentencing defendant to prison terms, suspending the execution of those prison terms and placing defendant on probation after defendant was convicted of first-degree theft, ORS 164.055, and second-degree burglary, ORS 164.215. We reverse and remand for resentencing. ORS 138.222(5).

Defendant pleaded guilty to the charge of first-degree theft and no contest to the charge of second-degree burglary. The indictments and judgments of conviction demonstrate that the theft occurred on March 4, 1997, and the burglary occurred on August 5,1997. At the sentencing…