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STATE v. NEAL

No. 10-80-06677; CA A21140.

654 P.2d 663 (1982)

60 Or.App. 322

STATE of Oregon, Respondent, v. Thomas Burton NEAL, Appellant.

Court of Appeals of Oregon.

Decided November 10, 1982.

Reconsideration Denied December 23, 1982.

Former opinion withdrawn September 29, 1982.

Attorney(s) appearing for the Case

Thomas Burton Neal filed the brief pro se for appellant.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

Former opinion, 59 Or.App. 129, 650 P.2d 187, withdrawn September 29, 1982.

PER CURIAM.

Defendant assigns three errors on this appeal from his conviction for rape. First, he contends that his 20-year sentence, with the requirement that he serve a minimum of 10 years before being considered for parole, is cruel and unusual punishment. It is not.

In the second and third, he contends...

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