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STATE v. FENTRESS

No. C82-07-36249; CA A28137.

679 P.2d 351 (1984)

67 Or.App. 702

STATE of Oregon, Respondent, v. Robert W. FENTRESS, Appellant.

Court of Appeals of Oregon.

Decided April 11, 1984.

Reconsideration Denied May 11, 1984.

Review Denied May 30, 1984.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, Judge.

PER CURIAM.

In this criminal case, the state concedes that the trial court erred in imposing a 10-year minimum sentence on defendant's murder conviction. State v. Macy, 295 Or. 738, 671 P.2d 92 (1983). The 10-year minimum to be served on defendant's murder conviction is deleted. See Or. Const. Art. VII (Amended), § 3; State v. Smith, 65 Or.App. 344

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