State v. Sparks

I agree with the majority’s conclusion that the trial court erred in entering convictions on all six burglary counts against defendant. I disagree, however, with its conclusion that the offenses for which defendant was convicted were not part of a single criminal episode.

The majority relies upon State v. Fitzgerald, 267 Or 266, 516 P2d 1280 (1973), for its reasoning and concludes *298that because “a complete account of any one of the unlawful entries could be proven without reference to the others,” the burglaries must have been three separate transactions. I believe that the majority’s…