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STATE v. LAMARR

No. CC 77-31; CA 10843.

583 P.2d 37 (1978)

STATE of Oregon, Respondent, v. Randall Dean LAMARR, Appellant.

Court of Appeals of Oregon.

Decided September 11, 1978.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Marianne Oswald, Deputy Public Defender, Salem, filed the brief for appellant.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, appeared for respondent.

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

Submitted on Record and Appellant's Brief August 28, 1978.

PER CURIAM.

The state concedes that under State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969), and State v. Wright, 31 Or.App. 1213, 572 P.2d 361 (1977), "the trial court was without authority, when it revoked defendant's probation, to order that a sentence previously imposed be served...

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