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STATE v. HAGENS

Nos. 10-84-03228, 10-84-03229; CA A33515, CA A33516.

699 P.2d 676 (1985)

73 Or.App. 566

STATE of Oregon, Respondent, v. Dennis Claude HAGENS, Appellant.

Court of Appeals of Oregon.

Decided May 15, 1985.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

PER CURIAM.

After defendant's plea of guilty to two charges of theft in the first degree, the trial court orally sentenced him to two consecutive five-year prison terms. The court said nothing about minimum terms of incarceration. However, the judgments purport to order that defendant serve a minimum of two and one-half years on each charge pursuant to ORS 144.110(1).

The state concedes that the minimum terms were...

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