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STATE v. RATHBUN

Nos. C77-06-07705, C76-01-00771 and C77-06-08306; CA 10373, CA 10374 and CA 10482.

584 P.2d 332 (1978)

36 Or.App. 223

STATE of Oregon, Respondent, v. Neil C. RATHBUN, Appellant.

Court of Appeals of Oregon.

Decided September 18, 1978.

Attorney(s) appearing for the Case

Stephen A. Houze, Portland, argued the cause for appellant. With him on the brief was Lois J. Portnoy, Portland.

Donald L. Paillette, Asst. Atty. Gen., argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Thomas A. Denney, Asst. Atty. Gen., Salem.

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

LEE, Judge.

This is a consolidated appeal of three criminal cases. Defendant contends (1) that in one of the cases the trial court erred in denying his motion for a new trial because a certain statement was made by the bailiff to one of the jurors, and (2) that the enhanced sentences imposed (ORS 144.110) in all three cases were erroneous. The state concedes that all of the cases should be remanded for resentencing. See State v. Bussey, 34...

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