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STATE v. HERNANDEZ

No. 80-26-C; CA 18354.

622 P.2d 335 (1981)

50 Or.App. 175

STATE of Oregon, Respondent, v. Paul Joseph HERNANDEZ, Appellant.

Court of Appeals of Oregon.

Decided January 26, 1981.

Attorney(s) appearing for the Case

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

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

PER CURIAM.

The state concedes that the trial court erred in failing to obtain an updated pre-sentence investigation before imposing the sentence. Although the court determined that a supplement was unnecessary, and the district attorney appeared to concur in that conclusion, defendant did not sign a written waiver. On the contrary, defendant voiced an express desire to have an additional pre-sentence report submitted to...

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