Legal Opinion
State v. Kautz
Court of Appeals of Oregon
Decided February 13, 2002No. D9708187M, D9708211M, D9708439M, C973596CR, C973597CR, C980503CR, C980504CR, C980338CR A102986 (Control), A102987, A102988, A103386, A103387, A103388, A103389, A103822PublishedCited by 21 opinions
1Opinion of the CourtEdmonds, P. J.
In this criminal case, defendant appeals from a conviction for burglary in the first degree, ORS 164.215 (the Osman burglary), arguing that his conduct constituted only second-degree burglary. He also assigns error to the court’s refusal to follow the “shift to column I” rule when it imposed consecutive sentences for a second burglary conviction and robbery conviction (the Whitehead burglary). OAR 213-012-0020. We affirm defendant’s convictions 1 and remand for resentencing.
The facts in this case arise from a crime spree that occurred during a weekend in December 1997. As a result, defendant…
2Cases cited7 opinions
- State v. BoydOregon Supreme Court · 1975
- State v. FitzgeraldOregon Supreme Court · 1973
- State v. MillerOregon Supreme Court · 1993
- State v. SparksCourt of Appeals of Oregon · 1997
- State v. McDonaldCourt of Appeals of Oregon · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. WitherspoonCourt of Appeals of Oregon · 2012
- State v. TooleyCourt of Appeals of Oregon · 2014
- State v. BurnsCourt of Appeals of Oregon · 2013
- United States v. MayerCourt of Appeals for the Ninth Circuit · 2008
- State v. BartonCourt of Appeals of Oregon · 2020
16 more not listed; retrieve them via the Exa API.