Opinion
91-832-C-1; CA A71401
Argued and submitted December 7, 1992
Convictions affirmed; remanded for resentencing December 30, 1992 Appellant's petition for reconsideration denied April 21, 1993 Petition for review denied June 22, 1993 ( 317 Or. 163) Respondent's motion for reconsideration allowed by opinion April 21, 1993 See 119 Or. App. 494 (1993)
Appeal from Circuit Court, Jackson County.
L.A. Merryman, Judge.
Gary D. Babcock, Salem, argued the cause and filed the brief for appellant.
Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Deits and Durham, Judges.
PER CURIAM
Convictions affirmed; remanded for resentencing.
Defendant appeals his convictions for two counts of burglary in the first degree, ORS 164.225, and criminal trespass in the first degree, ORS 164.255. We affirm the convictions without discussion and write only to address the sentence.
The court "merged" the convictions and sentenced defendant to 30 years under the dangerous offender statute, ORS 161.725, with a 15-year minimum term. The court imposed an alternative 20-year sentence under the sentencing guidelines. The state concedes that the court erred in imposing an indeterminate sentence under the dangerous offender statute. State v. Serhienko, 111 Or. App. 604, 826 P.2d 114 (1992). We accept that concession.
Convictions affirmed; remanded for resentencing.