State v. Rodriguez

Defendant appeals from the dispositional departure sentences imposed after he was convicted of burglary in the second degree and theft in the first degree. ORS 164.215; ORS 164.055. We remand for resentencing on the burglary conviction.

At approximately 2:30 a.m. on May 18, 1991, a witness heard breaking glass and saw defendant and two other persons enter a mountaineering store in Independence. Shortly after, the three came out of the store carrying items of clothing. The police searched a nearby park and saw defendant come from behind a tree and throw something on the ground. The object…