State v. Nicholas

Defendant appeals the consecutive sentences imposed after he was found guilty of two counts of burglary in the first degree.1 ORS 164.225. We remand for resentencing.

On each conviction, the trial court concluded that defendant came within grid block 7-E of the sentencing guidelines, which has a presumptive incarceration term of 16-18 months. The court found substantial and compelling reasons for a departure sentence and sentenced defendant to 36 months in prison on the first burglary conviction, which it designated as the primary offense. OAR 253-03-001(17). On the second conviction, it…