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STATE v. BURR

86-10-30848; CA A44342.

752 P.2d 330 (1988)

90 Or.App. 338

STATE of Oregon, Respondent, v. Kent Randal BURR, Appellant.

Court of Appeals of Oregon.

Decided April 6, 1988.

Attorney(s) appearing for the Case

Marsha Mussehl, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant, who is seeking modification of his sentence, pled guilty to the crime of sexual penetration with a foreign object in the first degree, a class A felony. ORS 163.411. The pertinent portion of the record is:

"`[THE COURT:] So, based upon the foregoing, Mr. Burr, you will be sentenced to the legal and physical custody of the Oregon Corrections Division for a period of 123 months, with a 61-month minimum. "`* * *

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