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STATE v. GIBSON

Nos. C 76-01-01011; C 77-08-11672; CA 11752 and 11753.

590 P.2d 797 (1979)

38 Or.App. 593

STATE of Oregon, Respondent, v. Steven Craig GIBSON, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

David E. Groom, 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. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

ROBERTS, Judge.

Defendant appeals from his sentence following conviction of sodomy in the first degree and kidnapping in the second degree, contending that the trial court erred in failing to order and consider an update of defendant's presentence report at the time of sentencing.1 We affirm.

On May 5, 1976 defendant was placed on probation for a period of five years after being convicted for the crime of sodomy in the first degree...

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