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STATE v. JOHNSON

88-20829, CA A50398.

773 P.2d 812 (1989)

96 Or.App. 641

STATE of Oregon, Respondent, v. Gary Warren JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided May 17, 1989.

Attorney(s) appearing for the Case

Hubert G. Duvall, Jr., Eugene, argued the cause and filed the brief for appellant.

Kate Waldo, 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 GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

The sole issue on appeal is the validity of a part of defendant's sentence for criminal mischief in the third degree, ORS 164.345, and disorderly conduct, ORS 166.025, following revocation of probation. In addition to sentencing him to a period of incarceration and imposing a fine, the trial court ordered: "(2) Defendant shall be rereferred to Lane County Mental Health for evaluation [and] treatment." Defendant argues, the state concedes, and we agree...

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