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STATE v. FRANKLIN

No. 77-209C; CA 10593.

584 P.2d 368 (1978)

36 Or.App. 413

STATE of Oregon, Respondent, v. Vernell FRANKLIN, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1978.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen. and Kathleen Dodds, Certified Law Student, Salem.

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

TANZER, Judge.

Defendant appeals contending that his sentence is invalid because the trial court did not state its reasons for the sentence as required by ORS 137.120(2). We have hitherto held that such cases require remand for the imposition of new sentences with statements of reasons. State v. Smith, 34 Or.App. 539, 579 P.2d 261 rev. pending (1978).

The state defends the...

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