STATE v. BARBER

90C-20316, 90C-20681, 90C-20319, 90C-20682; CA A66418 (Control), CA A66419, CA A66420, CA A66421.

832 P.2d 51 (1992)

113 Or. App. 603

STATE of Oregon, Respondent, v. Arthur D. BARBER, Appellant.

Court of Appeals of Oregon.

Decided July 1, 1992.


Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Meg E. Kieran, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


JOSEPH, Chief Judge.

Defendant pleaded guilty to three counts of burglary in the first degree, ORS 164.225, and one count of aggravated theft in the first degree. ORS 164.057. The court found aggravating circumstances and imposed a departure sentence of 52 months imprisonment.

Defendant assigns error to the imposition of sentence without giving him 161 days credit for the time spent in jail between his arrest and the date of sentencing. The sentencing court...

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