No. 81-1347; CA A23343, No. 81-1805; CA A23344.

648 P.2d 1306 (1982)

58 Or.App. 516

STATE of Oregon, Respondent, v. James Chancy BARNES, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1982.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the briefs was Gary D. Babcock, Public Defender, Salem.

James E. Mountain, Jr., Deputy Sol. Gen., Salem, argued the cause for respondent. With him on the briefs were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Defendant appeals from judgments of conviction entered in two separate criminal actions which were consolidated at trial and on appeal. Defendant challenges the sentences imposed and the failure to merge the two offenses into one conviction.

In case 81-1347, defendant was convicted of theft in the first degree, ORS 164.055, and sentenced to a term of three years imprisonment and ordered, as a condition of parole, to make restitution to the victim...

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