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STATE v. TREMILLION

C89-11-36645; CA A68242.

826 P.2d 95 (1992)

111 Or.App. 375

STATE of Oregon, Respondent, v. Vincent Allen TREMILLION, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

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

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael M. Pacheco, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Defendant pled no contest to a charge of failure to perform the duties of a driver to injured persons (felony hit and run). ORS 811.705(1). The sentencing court imposed a sentence of 15 to 18 months imprisonment, the presumptive range for grid block 6 C. Defendant argues that the court erred in not sentencing him to a definite term of imprisonment.

The state concedes that defendant is correct. OAR 253-05-001 requires a term of imprisonment "within...

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