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STATE v. WOODIN

88C-22187 and 90C-21461; CA A71142 (Control) and CA A71143.

842 P.2d 800 (1992)

116 Or. App. 383

STATE of Oregon, Respondent, v. Byrum Wade WOODIN, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1992.

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.

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

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Defendant seeks reversal of his conviction for burglary in the first degree, ORS 164.225, and reversal of his probation revocation. His argument that the trial court erred in denying his motion to suppress does not require discussion. He is correct that the court erred in sentencing him on the burglary conviction to a maximum term under ORS 137.635 that exceeded the sentencing guidelines. State v. Haydon,<...

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