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STATE v. BENEDICT

87-02-30954, 87-12-37234; CA A48956 (Control), A48957.

770 P.2d 973 (1989)

95 Or.App. 750

STATE of Oregon, Respondent, v. Kenneth Alan BENEDICT, 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.

Ann Kelley, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

Defendant contends that the trial court erred in ordering that his escape sentence run consecutively to a subsequently imposed burglary sentence. ORS 137.123(1).1

Defendant pled guilty to burglary in the first degree on June 2, 1987. Imposition of sentence was suspended, and he was placed on probation for three years. On March 18, 1988, he pled guilty to escape in the second degree and was sentenced to five years imprisonment...

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