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STATE v. SEIBERT

10-85-10469; CA A48099.

770 P.2d 613 (1989)

95 Or.App. 742

STATE of Oregon, Respondent, v. Blaine Leonard SEIBERT, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1989.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

Defendant pleaded guilty to a charge of criminal mischief in the second degree, a Class A misdemeanor. ORS 164.354. The court suspended imposition of sentence and imposed five years probation. Probation was revoked, and the court sentenced defendant to five years' imprisonment.

Defendant appeals, pursuant to ORS 138.050, which authorizes us to review to determine if the sentence exceeds the maximum allowable by law. The maximum penalty for a Class...

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