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STATE v. BARKER

C85-06-32369 & C85-06-32331; CA A38574 (Control) & A38575.

739 P.2d 1045 (1987)

86 Or.App. 394

STATE of Oregon, Respondent, v. ALVIN ALAN BARKER, Appellant. State of Oregon, Respondent, v. Kevin Wayne Phelps, Appellant.

Court of Appeals of Oregon.

Decided July 22, 1987.

Attorney(s) appearing for the Case

M. Janise Augur, Tigard, argued the cause and filed the brief for appellants.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Jeff Ellis, Certified Law Clerk, Salem.

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

RICHARDSON, Presiding Judge.

Defendants appeal their convictions for burglary in the second degree and two counts of attempted burglary in the second degree. At issue is the meaning of the term "building" under the burglary statutes, defendants' request to have their convictions "merged," denial of their motions for separate trials and the amount of restitution ordered. We modify the sentence and affirm as modified.

The business burglarized by defendants was...

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