State v. Lark

After a trial to the court on stipulated facts, defendant was convicted of burglary in the first degree. ORS 164.225. The indictment alleged that the offense “occurred in an occupied dwelling.” Defendant stipulated that he and an accomplice had burglarized an occupied dwelling, but that he did not personally enter the dwelling. On appeal he challenges the classification of his conviction on the Crime Seriousness Scale under the sentencing guidelines. He argues that it was error to rank his conviction in category 8, instead of category 7, because that imposed an enhanced sentence on the basis…