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STATE v. VASBY

10 88 02897 & 10 88 03662; CA A49417 (Control) & A49418.

788 P.2d 1024 (1990)

101 Or.App. 1

STATE of Oregon, Respondent, v. William James VASBY, Appellant.

Court of Appeals of Oregon.

Decided March 21, 1990.

Attorney(s) appearing for the Case

Mary M. Reese, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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

RICHARDSON, Presiding Judge.

In this consolidated appeal, defendant appeals from his convictions for burglary in the second degree, ORS 164.215, and theft in the first degree. ORS 164.045. He contends that the court erred in both sentencing him and placing him on probation. We vacate the sentences and remand.

Defendant was charged in two indictments with various offenses. He pled guilty to burglary in the second degree alleged in the first indictment. In the...

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