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STATE v. GEHRING

542 P.2d 1040 (1975)

STATE of Oregon, Respondent, v. Kurt Dayton GEHRING, Appellant.

Court of Appeals of Oregon.

Decided December 15, 1975.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem, filed the brief for appellant.

Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem, appeared for respondent.

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

PER CURIAM.

Defendant appeals from one of three convictions resulting from a single trial — his conviction under Count III of the indictment for first degree kidnapping. Defendant argues the maximum conviction warranted by the evidence was second degree kidnapping, citing State v. Swaggerty, 15 Or.App. 343, 515 P.2d 952 (1973).

The state concedes that Swaggerty is indistinguishable, and that the judgment...

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