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STATE v. EVANS

CF90-0491; CA A68267.

838 P.2d 1086 (1992)

115 Or. App. 392

STATE of Oregon, Respondent, v. Eric Edward EVANS, Appellant.

Court of Appeals of Oregon.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, Salem, argued the cause for appellant. With her 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, Attorney General, and Virginia L. Linder, Sol. Gen., Salem.

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

PER CURIAM.

After a trial to the court, defendant was convicted of two counts of contributing to the delinquency of a minor and two counts of burglary in the first degree. ORS 163.435; ORS 164.225. The trial court refused to apply the sentencing guidelines, because he believed that they violate the Oregon Constitution. He sentenced defendant to 10 years imprisonment with a mandatory minimum of 2 years.

The state concedes that the trial court erred in failing...

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