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STATE v. THOMAS

Nos. 10-91-08155; CA A73756.

844 P.2d 936 (1992)

117 Or. App. 533

STATE of Oregon, Respondent, v. Billy Edward THOMAS, Appellant.

Court of Appeals of Oregon.

Decided December 30, 1992.

Reconsideration Denied March 24, 1993.

Attorney(s) appearing for the Case

Gary D. Babcock, Salem, argued the cause and filed the brief, for appellant.

Jonathan H. Fussner, 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 RICHARDSON, P.J., and DEITS and DURHAM, JJ.

PER CURIAM.

Defendant appeals his conviction for sodomy in the first degree. ORS 163.405. He pled guilty to the charge and was sentenced to 58 months in prison. He contends that the court erroneously believed that it could not impose a term of probation under the sentencing guidelines.

The state argues that, because the sentence was within the presumptive range on the grid, it is not subject to review. ORS 138.222(2)(a). Defendant counters that we may review...

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