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STATE v. WATTS

No. C 78-01-01303; CA 11226.

587 P.2d 519 (1978)

37 Or.App. 499

STATE of Oregon, Respondent, v. Timothy WATTS, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1978.

Attorney(s) appearing for the Case

David Groom, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Marianne Oswald, Deputy Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

PER CURIAM.

Defendant was separately convicted and sentenced for the offenses of robbery in the first degree and assault in the first degree. Both offenses were based on the same act — the use of a firearm in attempting to commit theft. Pursuant to State v. Steele, 33 Or.App. 491, 577 P.2d 524 (1978), the trial court should have entered only one conviction and sentence, for...

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