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STATE v. ENERSON

571 P.2d 921 (1977)

STATE of Oregon, Respondent, v. Larry Niel ENERSON, Appellant.

Court of Appeals of Oregon.

Decided December 5, 1977.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

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

PER CURIAM.

Defendant in this case appeals from a 1977 order revoking his probation and ordering him to serve the five-year sentence imposed in 1975 when the trial court had sentenced him to five years in prison, but suspended the execution of sentence and placed him on probation for a like period. The defendant concedes that revocation of probation was warranted, but argues that the five-year sentence was excessive and should...

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