STATE v. LEHNHERR


569 P.2d 54 (1977)

30 Or.App. 1033

STATE of Oregon, Respondent, v. Dennis Wayne LEHNHERR, Appellant.

Court of Appeals of Oregon.

Decided September 19, 1977.


Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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, Solicitor Gen., Salem.

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


JOHNSON, Judge.

Defendant was convicted after a jury trial of burglary in the first degree and criminal conspiracy. The state concedes that the court's sentencing order incorrectly entered a judgment of conviction on both counts in violation of ORS 161.485(3). We remand for resentencing. State v. Peterson, 26 Or.App. 471, 552 P.2d 1320 (1976).

Defendant's remaining assignments of error challenge the sufficiency of the...

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