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STATE v. POPP

88-531, 88-554; CA A73696.

848 P.2d 134 (1993)

118 Or. App. 508

STATE of Oregon, Respondent, v. Theodore H. POPP, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1993.

Attorney(s) appearing for the Case

David Green, Portland, argued the cause for appellant. On the brief were Theodore M. Brindle, McKeown & Brindle, P.C., Portland.

Ann Feusse, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Virginia L. Linder, Attys. Gen., and Janet A. Metcalf, Asst. Atty. Gen., Salem.

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

EDMONDS, Judge.

Defendant appeals from an order that commenced his term of probation after an unsuccessful appeal. ORS 138.040; ORS 138.053(1)(c). We reverse.

In 1988, defendant was convicted of robbery in the first degree, ORS 164.415, and conspiracy to commit robbery in the first degree. ORS 161.450. In January, 1989, the trial court merged the convictions, imposed a 20 year sentence, suspended the execution of the sentence, and placed defendant on probation...

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