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STATE v. WATSON

551 P.2d 1314 (1976)

STATE of Oregon, Respondent, v. Ernest Wallace WATSON, Appellant.

Court of Appeals of Oregon.

Decided July 19, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. On the brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

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

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

FOLEY, Judge.

Defendant was found guilty by jury of first degree burglary. At the request of defendant's counsel, the court ordered a presentence report after receiving the jury's verdict. A week later, upon information to the court that defendant was causing problems in the county jail and before the receipt of the presentence report, the defendant was brought before the court and given a five-year sentence of confinement. Defendant's counsel was present and objected...

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