STATE v. PATZER

Nos. 73010, 73011.

493 P.2d 1389 (1972)

STATE of Oregon, Respondent, v. Daniel Michael PATZER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 25, 1972.

Rehearing Denied March 21, 1972.

Review Denied April 25, 1972.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and F.E. Glenn, Deputy Public Defender, Salem, for appellant.

No appearance for respondent.

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


Submitted on Appellant's Brief February 17, 1972.

SCHWAB, Chief Judge.

The defendant was found guilty by a 10-2 jury verdict of two counts of negligent homicide. ORS 163.091. He was sentenced to be imprisoned for not to exceed three years on each count, the sentences to run concurrently. Three years is the maximum sentence authorized by ORS 163.091.

On appeal the defendant contends that it was improper for the trial judge to consider the deterrent...

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