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STATE v. SHAFER

91-05-32296; CA A71947.

843 P.2d 462 (1992)

116 Or. App. 667

STATE of Oregon, Respondent, v. Lee Renfrow SHAFER, III, Appellant.

Court of Appeals of Oregon.

Decided December 2, 1992.

Review Denied March 23, 1993.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Kaye E. Sunderland, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

PER CURIAM.

Defendant was convicted of burglary in the first degree and theft in the first degree. ORS 164.225; ORS 164.015. The sentencing court imposed a departure sentence of 60 months on the burglary conviction and a consecutive sentence of 30 days incarceration on the theft conviction, which is within the presumptive sentence.

Defendant failed to preserve his claims of error that the departure sentence was not supported by substantial and compelling reasons...

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