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STATE v. PERKINS

No. J78-2357; CA 15188.

607 P.2d 1202 (1980)

45 Or.App. 91

STATE of Oregon, Respondent, v. Jeff C. PERKINS, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1980.

Attorney(s) appearing for the Case

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

John C. Bradley, 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 THORNTON and CAMPBELL, JJ.

THORNTON, Judge.

Defendant appeals entry of a judgment of conviction and sentencing on two counts of robbery in the first degree on the ground that, under principles set forth in State v. Cloutier, 286 Or. 579, 596 P.2d 1278 (1979), the crime in question was one for sentencing purposes.

Resolution of the question requires application of Cloutier principles to a situation expressly...

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