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STATE v. RAMIREZ

247 Or. 317 (1967)

429 P.2d 572

STATE OF OREGON, Respondent, v. ROGELIO RAMIREZ, Appellant.

Supreme Court of Oregon.

Reversed and remanded June 21, 1967.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief for appellant.

H. Clifford Looney, District Attorney, Vale, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, DENECKE, REDDING and FORT, Justices.

REVERSED AND REMANDED.

DENECKE, J.

Ramirez pleaded guilty to an indictment charging him with assault with a dangerous weapon. In October, 1962, imposition of sentence was suspended and he was placed on three years' probation. His probation was revoked in June, 1965, and he was sentenced to five years in the Correctional Institution. The maximum is ten years. Upon post-conviction petitioner's sentence was set aside...

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