Opinion
90C-20539; CA A74244
Submitted on record and briefs April 22, 1993
Convictions affirmed; remanded for resentencing July 14, 1993
Appeal from Circuit Court, Marion County.
Rodney W. Miller, Judge.
Sally L. Avera, Public Defender, Salem, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Convictions affirmed; remanded for resentencing on robbery in the first degree and burglary in the first degree.
Defendant pleaded guilty to robbery in the first degree, ORS 164.415, robbery in the second degree, ORS 164.405, and burglary in the first degree. ORS 164.225. After determining the presumptive sentence for each charge under the sentencing guidelines, the court found defendant to be a dangerous offender and imposed a 30-year sentence under ORS 161.725. On the robbery in the first degree and the burglary charges, the court also imposed a mandatory minimum term of incarceration under ORS 144.110. The court "merged" the two robbery charges for sentencing.
Defendant argues that the court erred by imposing minimum terms under ORS 144.110. The state concedes that the court erred. State v. Serhienko, 111 Or. App. 604, 826 P.2d 114 (1992). We accept that concession.
Because defendant's plea was not the result of a plea agreement with the state, ORS 138.222(2)(d) does not prohibit us from reviewing this claim of error. See State v. Adams, 315 Or. 359, 847 P.2d 397 (1993).
Convictions affirmed; remanded for resentencing on robbery in the first degree and burglary in the first degree.