State v. Mihm

After a trial to a jury, defendant was found guilty of four counts of first-degree burglary, ORS 164.225, and one count of unlawful use of a weapon, ORS 166.220. The sentencing court ranked two of the burglary convictions in crime category 9. OAR 213-04-002(2). Defendant appeals and assigns error to the ranking of the convictions in crime category 9. Defendant seeks to have his convictions reduced to crime category 8 and requests that the case be remanded for resentencing. We affirm.

Defendant and a codefendant burglarized the residence of Senoran and Manousos by pushing past Manousos at the…