State v. Perry

Defendant pled guilty to burglary in the second degree, ORS 164.215, and fleeing or attempting to elude a police officer, ORS 811.540. He appeals from the judgment on his burglary conviction, seeking modification of his sentence. ORS 138.053; ORS 138.050. We vacate that portion of the judgment making that sentence consecutive to all other-incarceration terms imposed.

At the sentencing proceeding, the trial court determined that defendant’s burglary conviction fell within grid-block 2-E, which provides for a presumptive term of 18 months probation and a maximum of 30 days in jail. However, the…