Smith v. State

GILLETTE, P. J.,

Pro Tempore

This is an appeal from a denial of post-conviction relief. Petitioner argues that he was denied the right to be present at his post-conviction hearing as provided in ORS 138.620(1). He also contends that the post-conviction court erred when it found that his sentences for burglary and theft did not merge. We affirm.

On September 28,1976, a jury found petitioner guilty of burglary in the second degree and theft in the first degree. The circuit court sentenced him to consecutive terms of five years on these charges. Petitioner sought to have his convictions reversed…