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STATE v. WOLFE

No. 107,610; CA 13215.

596 P.2d 1322 (1979)

41 Or.App. 79

STATE of Oregon, Respondent, v. Garrette Caner WOLFE, Jr., Appellant.

Court of Appeals of Oregon.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Gary L. Hooper, 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 was found guilty by the trial judge of the crime of possession of a weapon by an inmate of a penal institution, ORS 166.275,1 on stipulated facts and sentenced to five years imprisonment. He seeks remand for judgment of conviction for a violation and resentencing. Defendant contends he can only be convicted for a violation which cannot carry a prison term because ORS...

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