COULTER v. MAASS

87C-12076; CA A50292.

776 P.2d 1318 (1989)

97 Or.App. 636

Homer Glenn COULTER, Respondent, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1989.

Reconsideration Denied September 15, 1989.


Attorney(s) appearing for the Case

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David B. Kuhns, Salem, filed the brief for respondent.

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


BUTTLER, Presiding Judge.

The state appeals from a post-conviction judgment that vacated and set aside petitioner's sentence and remanded him to the Klamath County Circuit Court for resentencing.

At the time of petitioner's initial sentencing in 1979 for the crime of robbery in the first degree, the trial court found him to be a dangerous offender. The court then attempted to sentence him to the maximum term of imprisonment allowed by law: 20 years with a...

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