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STATE v. GREEN

563 P.2d 756 (1977)

29 Or.App. 337

STATE of Oregon, Respondent, v. Lowell Dean GREEN, Appellant.

Court of Appeals of Oregon.

May 2, 1977.

Attorney(s) appearing for the Case

Robert H. Anderson, Roseburg, argued the cause for appellant. With him on the brief was Murphy, Anderson & Cegavske, Roseburg.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

The defendant was convicted in 1967 of "entering motor vehicle with intent to steal."1 Imposition of sentence was suspended and he was placed on three years' probation. Subsequently, in December 1970, his probation was revoked and he was sentenced to three years' imprisonment. In July 1976 he filed a motion to have his conviction set aside pursuant to ORS 137.225; popularly...

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