State v. Jenniches

Defendant pleaded no contest to 10 counts of first-degree theft by receiving. ORS 164.055. The trial court sentenced defendant under ORS 137.717(1)(c) (1997), which, because he was a repeat property offender, provided for a mandatory minimum sentence of 13 months’ imprisonment on each count. Based on aggravating factors, the court imposed durational departure sentences of 26 months on three of the counts. On appeal, defendant asserts that the court erred in using the mandatory minimum sentence specified in ORS 137.717(1)(c) as the presumptive sentence for purposes of calculating his…