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STATE v. CHRISTMAN

90-CF-42; CA A70727.

838 P.2d 1087 (1992)

115 Or. App. 364

STATE of Oregon, Respondent, v. Carl David CHRISTMAN, Appellant.

Court of Appeals of Oregon.

Decided September 30, 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.

Mary H. Williams, 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 BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Defendant was convicted of manslaughter in the second degree, ORS 163.125, failure to perform the duties of a driver to an injured person, ORS 811.705, three counts of recklessly endangering another person, ORS 163.195, and reckless driving. ORS 811.140.1 The trial court pronounced the sentencing guidelines unconstitutional and refused to follow them. The state agrees with defendant that the court erred and that the sentences...

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