State v. Flanigan

The issue in this criminal case is the application of the offense subcategories of Burglary I provided in the Oregon sentencing guidelines, OAR chapter 253, division 4.

Defendant was charged with burglary in the first degree, ORS 164.225, 1 and robbery in the second degree, ORS 164.405. The accusatory instrument alleged that, during the commission of the burglary, “defendant caused or threatened physical injury to the * * * victim.”

A jury convicted defendant of burglary but acquitted him of robbery. In its verdict, the jury made a special finding that defendant personally did not cause or…