State v. Bennett

Defendant appeals his convictions for burglary in the first degree, theft in the first degree and possession of a firearm in violation of ORS 166.270 (ex-convict in possession of a firearm). We reverse his conviction for burglary in the first degree, vacate his minimum term of imprisonment for using a firearm in committing a felony, ORS 161.610, and remand for resentencing and entry of conviction for burglary in the second degree.

Defendant was tried before a jury. Co-defendant Allen testified that, on May 11,1984, he and defendant used a screwdriver to pry open a window and enter a vacant…