State v. Smith

Defendant was convicted by a jury on two counts: Burglary not in a dwelling (ORS 164.240) and larceny of property of a value not in excess of $75 (ORS 164.310 (1) (b)). He was sentenced to five years’ imprisonment on the burglary conviction and to six months on the larceny conviction, such sentences to run consecutively.

On appeal, defendant contends that the trial court erred (1) by refusing to grant his motion to dismiss the burglary charge on the grounds that there was insufficient evidence of intent; (2) by discriminating against defendant in the sentencing procedure because he was a…