Find Court Cases > A142165 State v. McConville

A142165 State v. McConville

Case Date: 06/01/2011
Docket No: 0900013CRA142165

Download A143586 State v. Dalby.pdf

FILED: June 1, 2011

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JUSTIN LEE MCCONVILLE,

Defendant-Appellant.

Wasco County Circuit Court
0900013CR
A142165

John V. Kelly, Judge.

Argued and submitted on October 29, 2010.

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services. Justin Lee McConville filed the supplemental brief pro se.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before Haselton, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.

HASELTON, P. J.

Convictions on Counts 2 and 3 reversed and remanded with instructions to enter a judgment of conviction for one count of first-degree theft; remanded for resentencing; otherwise affirmed.

HASELTON, P. J.

Defendant, who pleaded guilty to one count of first-degree burglary, ORS 164.225, and two counts of first-degree theft, ORS 164.055 (2007), amended by Or Laws 2009, ch 16,