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STATE v. BOURRIE

CF85-223; CA A48244.

768 P.2d 446 (1989)

95 Or.App. 379

STATE of Oregon, Respondent, v. Bruce Allen BOURRIE, Appellant.

Court of Appeals of Oregon.

Decided February 22, 1989.

Attorney(s) appearing for the Case

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

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

PER CURIAM.

Defendant was found guilty of delivery of a controlled substance and the court imposed a sentence of 10 years, suspended its execution and placed defendant on probation for five years. Later, the court revoked probation and ordered that

"defendant shall be committed to the * * * Correctional Division [sic] * * * for a period of ten (10) years, with a seventeen (17) month minimum."

Defendant first argues that the court abused its...

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