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STATE v. DOTTER

91020205; CA A71472.

833 P.2d 1369 (1992)

114 Or. App. 1

STATE of Oregon, Respondent, v. Donald Dale DOTTER, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause, for respondent. On the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Brenda J. Peterson, Asst. Atty. Gen., Salem.

Before JOSEPH, C.J., and ROSSMAN and De MUNIZ, JJ.

JOSEPH, Chief Judge.

Defendant was convicted of possession of a controlled substance. ORS 475.992. Under the sentencing guidelines, his placement on the grid is 1-I, with a presumptive probationary term of 18 months and 90 custody units. The court did not impose a departure sentence.1 It sentenced defendant to 24 months probation with 120 custody units "reserved."

The state concedes that the court erred in imposing the custody...

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