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STATE v. JOHNSON

91C-21173 and 92C-20099; CA A74954 (Control) and CA A74955.

866 P.2d 1245 (1994)

125 Or. App. 655

STATE of Oregon, Respondent, v. Phillip Lynn JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided January 5, 1994.

Attorney(s) appearing for the Case

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

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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

De MUNIZ, Judge.

Defendant appeals from the sentences imposed for his convictions on three counts of robbery in the first degree with a firearm, ORS 164.415; ORS 161.610, and failure to appear in the first degree. ORS 162.205.1 We remand for resentencing.

On the robbery convictions, defendant's grid block under the sentencing guidelines was 9-I. The court sentenced defendant to five years on count one, pursuant to ORS 161.610,...

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