State v. O'QUINN

After a trial to the court, defendant was found guilty of two counts of burglary in the first degree. ORS 164.225. 1 At sentencing, the court enhanced the sentences on the convictions from crime category 7 to category 9 on the ground that the state alleged and proved that defendant was armed with a deadly weapon in the commission of the offenses. OAR 253-04-002(2), App 3. Defendant appeals and assigns error to the sentencing classifications, arguing that the state failed to prove that he was armed with a deadly weapon and that, therefore, the court was required to rank the offenses in crime…