State v. Mitchell

Defendant appeals from the sentences imposed after he pled guilty to the charges of aggravated theft in the first degree, ORS 164.057; burglary in the first degree, ORS 164.225; and unauthorized use of a motor vehicle, ORS 163.135. We review the sentences pursuant to ORS 138.222, affirm the convictions and remand for resentencing.

Regarding his conviction for aggravated theft in the first degree, which involved property of the J osephine County Forestry Department, defendant’s presumptive guideline sentence under grid block 6E is a range of 10 to 12 months of incarceration. The sentencing…