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STATE v. ROBERTSON

90C-21660; CA A70301.

848 P.2d 150 (1993)

119 Or. App. 156

STATE of Oregon, Respondent, v. Ernest Earl ROBERTSON, Appellant.

Court of Appeals of Oregon.

Decided March 31, 1993.

Attorney(s) appearing for the Case

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

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, C.J., and WARREN and EDMONDS, JJ.

PER CURIAM.

Defendant appeals his conviction for burglary in the first degree. ORS 164.225. He contends that the court erred in imposing a sentence under ORS 137.635, rather than under the sentencing guidelines. The state concedes that the court erred. We accept that concession. State v. Haydon, 116 Or.App. 347, 842 P.2d 410 (1992).

Conviction affirmed; sentence vacated; remanded...

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