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STATE v. GOLDEN

C90-08-34622, CA A69513.

829 P.2d 88 (1992)

112 Or. App. 302

STATE of Oregon, Respondent, v. James Earl GOLDEN, wtn Samuel Churchwell, Appellant.

Court of Appeals of Oregon.

Decided April 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.

Diane S. Lefkow, 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 BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Defendant was convicted of delivery of a controlled substance. ORS 475.992. The sentencing court found that he came within grid block 4 B in the sentencing guidelines. He appeals from that placement, arguing that the court erred in the classification of a previous out-of-state conviction for purposes of his criminal history.1 We remand for resentencing.

In 1980, defendant was convicted in Pennsylvania of making...

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