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STATE v. WOOD

No. J80-0798; CA 18208.

631 P.2d 799 (1981)

53 Or.App. 198

STATE of Oregon, Respondent, v. Eugene WOOD, Appellant.

Court of Appeals of Oregon.

Decided July 27, 1981.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas E. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., ROBERTS, J., and CAMPBELL, J. Pro Tem.

GILLETTE, Presiding Judge.

On March 8, 1980, defendant was indicted on one count of Murder, two counts of Robbery in the First Degree and one count of Unauthorized Use of a Vehicle. Pursuant to plea negotiations, defendant pled guilty to the Murder charge. The other charges were dismissed. The trial court's judgment and sentencing order provides, in pertinent part:

"* * * "It is therefore, ordered and adjudged by the court that the said [defendant...

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