STATE v. JONES

No. C83-04-31797; CA A29335.

682 P.2d 830 (1984)

68 Or.App. 691

STATE of Oregon, Respondent, v. Clarence JONES, Appellant.

Court of Appeals of Oregon.

Decided June 20, 1984.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

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


PER CURIAM.

Defendant appeals his conviction of burglary in the first degree and robbery in the second degree. ORS 164.225; 164.405. He contends that the trial court should not have entered separate convictions and separate sentences for the burglary and the robbery. The state confesses error. We agree that the trial court erred. Accordingly, we vacate the robbery conviction.

We have considered defendant's other assignments and find no error.

Conviction...

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