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STATE v. HENDERSON

90-1220; CA A68494.

843 P.2d 459 (1992)

116 Or. App. 604

STATE of Oregon, Respondent, v. John Kenneth HENDERSON, Appellant.

Court of Appeals of Oregon.

Decided December 2, 1992.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant pleaded guilty to intentional murder with a firearm. ORS 163.115; ORS 161.610. On December 3, 1990, the court sentenced him to 120 months in prison under grid block 11-I. On December 5, the court determined that defendant could be sentenced under ORS 163.115 and vacated the original sentence, which had committed him to the custody of the Corrections Division. Defendant was still in the Clackamas County jail when the first sentence...

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