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STATE v. McKINNEY

No. C83-03-31222; CA A29060.

687 P.2d 167 (1984)

69 Or.App. 583

STATE of Oregon, Respondent, v. Elmer Lewis McKinney, Appellant.

Court of Appeals of Oregon.

Decided September 5, 1984.

Attorney(s) appearing for the Case

Carla D. Thompson, Salem, argued the cause, for appellant. With her 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., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

This is a criminal case in which defendant was convicted of robbery. He appeals, assigning three errors, only one of which requires discussion. He argues that the judgment finds him guilty of Robbery III — a class C felony — but then impermissibly imposes a sentence of 10 years with a five year minimum — a class B felony sentence. We agree a mistake has been made and therefore...

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