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STATE v. LINCOLN

483 P.2d 92 (1971)

STATE of Oregon, Respondent, v. Robert L. LINCOLN, Appellant.

Court of Appeals of Oregon, Department 1.

Decided April 1, 1971.

Attorney(s) appearing for the Case

Jerold L. Billings, Portland, argued the cause and filed the brief for appellant.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This appeal is from a sentence to two years' imprisonment for burglary. ORS 164.240.

In May 1967, defendant was convicted and sentenced to be imprisoned in the Oregon State Penitentiary for one year. He appealed and the conviction was affirmed. State v. Lincoln, 250 Or. 426, 443 P.2d 178 (1968). He was free on bail pending decision on appeal. The mandate from the Oregon Supreme Court to the trial court was...

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