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STATE v. JOHNSTON

91C21413; CA A73980.

851 P.2d 1156 (1993)

120 Or. App. 165

STATE of Oregon, Respondent, v. Stephen Gregory JOHNSTON, Appellant.

Court of Appeals of Oregon.

Decided May 12, 1993.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Amy E. Alpaugh, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

DE MUNIZ, Judge.

Defendant pled guilty to three counts of robbery in the first degree with a firearm, ORS 164.415; ORS 161.610, pursuant to an agreement in which the state agreed to dismiss a charge of attempted murder and not to file a pending robbery charge. The parties agreed that defendant's grid block was 9-G and that the state would recommend a maximum "time" of 108 months. The court imposed consecutive departure sentences with a total term of incarceration...

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