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STATE v. BATES

10 90 09282; CA A69507.

832 P.2d 49 (1992)

113 Or. App. 597

STATE of Oregon, Respondent, v. Philip Medley BATES, Appellant.

Court of Appeals of Oregon.

Decided June 24, 1992.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief 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. With him on the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and James H. Juliussen, Certified Law Student, Salem.

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

PER CURIAM.

Defendant was convicted on 5 counts of an indictment: burglary in the first degree with a deadly weapon, ORS 164.225; criminal mischief in the second degree, ORS 164.354; menacing, ORS 163.190; carrying a dangerous weapon with intent to use, ORS 166.220; and theft in the third degree, ORS 164.043. The court imposed a total of 60 months imprisonment on the first 4 counts. Defendant acknowledges that the sentences...

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