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STATE v. PORTER

564 P.2d 1104 (1977)

29 Or.App. 795

STATE of Oregon, Respondent, v. Thomas Anthony PORTER, Appellant.

Court of Appeals of Oregon.

Decided June 6, 1977.

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.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Jr., Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

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

JOHNSON, Judge.

Defendant pled guilty to a two-count indictment charging theft in the first degree and an ex-convict in possession of a firearm in violation of ORS 164.055 and 166.270 respectively. The indictment alleges that both charges arose out of the same act and transaction. Defendant assigns as error the trial court's denial of his motion to merge the two charges for purposes of sentencing. The trial court sentenced defendant to the custody of the Oregon Corrections...

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