STATE v. JONES

C89-05-32219; CA A63465.

812 P.2d 9 (1991)

STATE of Oregon, Respondent, v. Kenneth Emile JONES, Appellant.

Court of Appeals of Oregon.

Decided May 22, 1991.


Attorney(s) appearing for the Case

Kirkland T. Roberts, Portland, argued the cause and filed the brief for appellant.

Meg E. Kieran, 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 JOSEPH, C.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Defendant appeals his conviction for robbery in the third degree, ORS 164.395, and challenges the imposition of consecutive sentences on his convictions for theft in the first degree and burglary in the second degree. ORS 164.055; ORS 164.215. We affirm the convictions but remand for resentencing.

The victim in this case, the owner of a formal-wear store, came upon defendant late one evening as he was removing tuxedos from the loading dock of...

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