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STATE v. HUGHES

CF91-0222; CA A72414.

855 P.2d 667 (1993)

121 Or. App. 675

STATE of Oregon, Respondent, v. Jason O'Dell HUGHES, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1993.

Attorney(s) appearing for the Case

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

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Ann Michelle (Micky) Feusse, Certified Law Student, Salem.

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

PER CURIAM.

Pursuant to plea negotiations, defendant pled guilty to two counts of robbery in the first degree and two counts of kidnapping in the second degree, ORS 164.415; ORS 163.225, and the state dismissed four other counts. He challenges the consecutive sentences imposed on the kidnapping convictions, arguing that there was no evidence to support the court's finding that the commission of kidnapping was not merely incidental to the robbery. ORS 137.123.

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