STATE v. HEILLER

88CR-2508; CA A61025.

809 P.2d 730 (1991)

106 Or.App. 770

STATE of Oregon, Respondent, v. Lee A. HEILLER, Appellant.

Court of Appeals of Oregon.

Decided April 24, 1991.


Attorney(s) appearing for the Case

Loren W. Collins, Salem, argued the cause and filed the brief, for appellant.

Anne 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 ROSSMAN and DE MUNIZ, JJ.


PER CURIAM.

Defendant challenges the consecutive sentences imposed after his conviction on five counts. Defendant's remaining assignments of error either were not preserved or are without merit. He argues that the trial court failed to find that the circumstance came within ORS 137.123(4)(a) or (b). We agree. The only reason given by the trial court for the consecutive sentences is that, but for the mistakes and "timidness" of some of the witnesses, defendant would...

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