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STATE v. NICHOLAS

90-05-32821, 90-10-35657, 91-01-30493; CA A71457 (Control), CA A71458, CA A71459.

846 P.2d 1181 (1993)

118 Or. App. 232

STATE of Oregon, Respondent, v. Donald Gene NICHOLAS, Appellant.

Court of Appeals of Oregon.

Decided February 17, 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. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

DEITS, Judge.

Defendant appeals the consecutive sentences imposed after he was found guilty of two counts of burglary in the first degree.1 ORS 164.225. We remand for resentencing.

On each conviction, the trial court concluded that defendant came within grid block 7-E of the sentencing guidelines, which has a presumptive incarceration term of 16-18 months. The court found substantial and compelling reasons for a departure sentence...

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