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STATE v. SIMS

No. C77 08 11094; CA 9398.

597 P.2d 377 (1979)

41 Or.App. 109

STATE of Oregon, Respondent, v. Donald Lee SIMS, Appellant.

Court of Appeals of Oregon.

Decided July 16, 1979.

Attorney(s) appearing for the Case

Marianne Oswald, Deputy Public Defender, Salem, argued the cause for appellant. With her on the briefs was Gary D. Babcock, Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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

PER CURIAM.

Reversed. State v. Roper, 286 Or. 621, 595 P.2d 1247 (1979).

Affirmed, 287 Or. 349, 599 P.2d 461

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