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STATE v. BAKER

Nos. 10-91-00939 B, 10-91-01118 B; CA A71202 (Control), CA A71203.

848 P.2d 661 (1993)

119 Or. App. 144

STATE of Oregon, Respondent, v. Matthew Wayne BAKER, Appellant.

Court of Appeals of Oregon.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Yuanxing Chen, Asst. Atty. Gen., Salem.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

PER CURIAM.

Defendant appeals the 21-month prison term imposed for his conviction of burglary in the first degree. ORS 164.225. He was sentenced on four separate cases in one sentencing proceeding. His placement on the criminal history scale was F for the first conviction. The court then used that conviction to enhance his criminal history to C. Defendant is correct that that was error. State v. Bucholz, 113 Or.App. 705

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