State v. Pawlowski

After a jury trial, defendant was convicted of one count each of theft by receiving, ORS 164.095; theft in the first degree, ORS 164.055; burglary in the second degree, ORS 164.215; and possession of a controlled substance (PCS), former ORS 475.992(4) (2003), renumbered as ORS 475.840 (2005). On the first three convictions, the trial court imposed consecutive 13-month prison sentences under ORS 137.717. On the PCS conviction, the court departed from the presumptive probation sentence and imposed a concurrent six-month incarceration sentence. Defendant appeals, assigning error to (1) the trial…