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STATE v. BENNETT

84-207; CA A34494.

719 P.2d 38 (1986)

79 Or.App. 238

STATE of Oregon, Respondent, v. Robert A. BENNETT, Appellant.

Court of Appeals of Oregon.

Decided May 14, 1986.

Reconsideration Denied July 11, 1986.

Attorney(s) appearing for the Case

John P. 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., and James E. Mountain, Jr., Sol. Gen., Salem.

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

WARDEN, Judge.

Defendant appeals his convictions for burglary in the first degree, theft in the first degree and possession of a firearm in violation of ORS 166.270 (ex-convict in possession of a firearm). We reverse his conviction for burglary in the first degree, vacate his minimum term of imprisonment for using a firearm in committing a felony, ORS 161.610, and remand for resentencing and entry of conviction for burglary...

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