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STATE v. HILL

C85-02-30683; CA A37156.

719 P.2d 67 (1986)

79 Or.App. 373

STATE of Oregon, Respondent, v. Larry Ellsworth HILL, Appellant.

Court of Appeals of Oregon.

Decided May 14, 1986.

Attorney(s) appearing for the Case

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

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

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Defendant appeals his conviction for theft in the first degree. The state confesses that the trial court erred by sentencing him to five years' probation to run consecutively to a sentence imposed in cases C82-02-33994 and C85-06-32269. We agree. See State v. Barnes, 58 Or.App. 516, 518, 648 P.2d 1306 (1982). It appears that the imposition of the consecutive sentence may have...

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