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STATE v. ANDERSON

91-03-34073; CA A72059.

849 P.2d 548 (1993)

119 Or. App. 23

STATE of Oregon, Appellant-Cross-Respondent, v. Gary Everett ANDERSON, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for appellant-cross-respondent. On the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael C. Livingston, Asst. Atty. Gen., Salem.

Steven Humber, Deputy Public Defender, Salem, argued the cause for respondent-cross-appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant was convicted of assault in the first degree and attempted aggravated murder. ORS 163.185; ORS 163.095. The court merged the convictions and sentenced defendant under the guidelines to 60 months in prison on the attempted murder conviction. The state appeals, arguing that the court erred in merging the convictions. We are without jurisdiction to review the claimed error and dismiss the appeal.

The state contends that its...

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