State v. Taylor

Defendant was convicted, after a jury trial, of arson in the first degree, ORS 164.325, 2 counts of burglary in the first degree, ORS 164.225, and theft in the first degree. ORS 164.055. On appeal, he makes two assignments of error. First, he argues that the trial court erred in not suppressing evidence seized from his car. Second, he asserts that the trial court erred by imposing a 130-day sentence for the theft-related burglary conviction. We remand for resentencing.

The trial court made findings: In March, 1991, defendant and a passenger were driving on Third Street in Yamhill at…