State v. Ward, 650 P.2d 163

PER CURIAM

Defendant appeals the sentence imposed after his conviction for burglary in the second degree, ORS 164.215, and revocation of his probation on previous burglary convictions. The only matter requiring a written opinion is defendant’s argument that ordering the sentence on this burglary conviction to run consecutively to a 1980 Douglas County sentence was improper, because, at the time of sentencing, his probation on the Douglas County sentence had not been revoked. He correctly relies on State v. DeChenne, 39 Or App 901, 594 P2d 831 (1979).

Remanded for resentencing.

Case Details

Case Name: State v. Ward

Court Name: Court of Appeals of Oregon

Date Published: Sep 1, 1982

Citations: 650 P.2d 163; 59 Or. App. 42; 1982 Ore. App. LEXIS 3797; No. 81-1741, CA A22962; No. 79-1988 CA A22963; No. 79-1905 CA A22964

Docket Number: No. 81-1741, CA A22962; No. 79-1988 CA A22963; No. 79-1905 CA A22964

Court Abbreviation: Or. Ct. App.