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STATE v. ADKINS

443 P.2d 170 (1968)

STATE of Oregon, Respondent, v. Cedric Lee ADKINS, Appellant.

Supreme Court of Oregon. Department 1.

Decided June 26, 1968.

Attorney(s) appearing for the Case

John Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Lawrence A. Aschenbrenner, then Public Defender, Salem.

Frank D. Knight, Dist. Atty., Corvallis, argued the cause and filed a brief for respondent.

Before McALLISTER, P.J., and O'CONNELL and DENECKE, JJ.

McALLISTER, Justice.

The defendant, Cedric Lee Adkins, pleaded guilty in Benton county on August 6, 1966, to the crime of burglary not in a dwelling, for which the statute, ORS 164.240, prescribes a maximum penalty of imprisonment in the penitentiary for not more than ten years. On the same date the district attorney initiated procedings for the imposition of an enhanced penalty by filing an information alleging that defendant on three former occasions had been convicted...

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