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STATE v. MANRIQUE

545 P.2d 603 (1976)

STATE of Oregon, Respondent, v. Santiago Marquez MANRIQUE, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Michael Gillette, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

PER CURIAM.

Defendant, upon retrial, State v. Manrique, 270 Or. 201, 531 P.2d 239 (1975), was convicted of criminal activity in drugs, ORS 167.207, and sentenced to five years in the penitentiary. On appeal he makes two assignments of error.

The first assignment does not warrant discussion. The second concerns the failure of the judgment order to recite that defendant was to receive credit for time served pursuant to...

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