State v. Pittsley

FILED: July 15, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

GARY BRUCE PITTSLEY,

Defendant-Appellant.

Klamath County Circuit Court
0602255CR
A137178

Richard B. Rambo, Judge.

Submitted on June 23, 2009.

Peter Gartlan, Chief Defender, Appellate Division, and Kenneth A. Kreuscher, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.  Gary Bruce Pittsley filed the supplemental brief pro se.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Sercombe, Judge, and Carson, Senior Judge.

PER CURIAM

Remanded for resentencing; otherwise affirmed.

PER CURIAM

Defendant was convicted of burglary and other offenses.  On the burglary conviction, the trial court imposed the maximum sentence allowed under gridblock 7-A of the sentencing guidelines.  On appeal, defendant contends that he instead should have been sentenced under gridblock 7-B, which has a shorter maximum allowable sentence, because the state failed to prove that a prior out-of-state conviction constituted a "person" felony for purposes of the guidelines.  The state concedes that the trial court erred in that regard.  We agree and accept the state's concession.

Defendant also raises a number of other challenges to his convictions and sentences, each of which is unpreserved and/or lacks merit.  We reject those challenges without discussion.

Remanded for resentencing; otherwise affirmed.