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  5. 816 P.2d 697 (1991)
 

STATE v. COOK

C90-01-30078; CA A65874; C90-03-31894; CA A65667; CM 89-1052; CA A65186; 10-90-01938; CA A65058.

816 P.2d 697 (1991)

108 Or.App. 576

STATE of Oregon, Respondent, v. Jack Irvin COOK, Appellant. State of Oregon, Respondent, v. JAMES WALTHER DAVID, Appellant. State of Oregon, Respondent, v. SHANDLEY S. HAZELTON, Appellant. State of Oregon, Respondent, v. Stephen Venton Heath, Wtn Is Stephen Vinton Heath, Appellant.

Court of Appeals of Oregon.

Motion To Dismiss April 4, 1991.

Motion To Dismiss April 18, 1991.

Motion To Dismiss April 24, 1991.

Decided September 4, 1991.

Reconsideration Denied October 23, 1991.

Attorney(s) appearing for the Case

Carol J. Fredrick, Asst. Atty. Gen., Salem, for motion in CA A65874. With her on the motion were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Sally L. Avera, Public Defender, Salem, contra.

Douglas F. Zier, Asst. Atty. Gen., Salem, for motion in CA A65667. With him on the motion were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

E. Ted Meece and Deich & Meece, Portland, contra.

Janet A. Klapstein, Asst. Atty. Gen., Salem, for motion in CA A65186 and CA A65058. With her on the motion were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Sally L. Avera, Public Defender, Salem, contra.

Before ROSSMAN, P.J., JOSEPH, C.J., and EDMONDS, J.

On Respondent's Motion To Dismiss in CA A65874 March 25, 1991.

On Respondent's Motion To Dismiss in CA A65667 April 4, 1991.

On Respondent's Motion To Dismiss in CA A65186 April 18, 1991.

On Respondent's Motion To Dismiss in CA A65058 April 24, 1991.

JOSEPH, Chief Judge.

In these four appeals, which we have consolidated for decision, each defendant has appealed from a sentence that is conceded to be within the presumptive range of the...

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