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STATE v. SMITH

C 91-09-34615; CA A73865.

856 P.2d 321 (1993)

121 Or. App. 677

STATE of Oregon, Respondent, v. Maurice Lavell SMITH, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1993.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

PER CURIAM.

Defendant pled guilty to rape in the first degree, ORS 163.375, and burglary in the first degree, ORS 164.225, pursuant to an agreement in which the state dismissed eight remaining counts. He assigns error to the court's imposition of 60 months post-prison supervision on each conviction. The state concedes that the trial court erred. However, we may not accept the concession, because we may not review defendant's claim of sentencing error. ORS 138.222...

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