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STATE v. MONTGOMERY

CC C92-06-33391, C93-01-30423; CA A80187 (Control) A80188; SC S41664.

898 P.2d 766 (1995)

321 Or. 390

STATE of Oregon, Respondent on Review, v. Jessie Frank MONTGOMERY, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided July 27, 1995.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender for Oregon, and David C. Degner, Deputy Public Defender, Salem, filed the petition for petitioner on review.

No appearance for respondent on review.

MEMORANDUM OPINION

DURHAM, J., filed a concurring opinion.

The petition for review is denied.

DURHAM, J., concurring.

I concur in the court's denial of review for the reason stated below. This case raises the question whether the trial court erred in relying on a juvenile adjudication as the sole basis for enhancing defendant's term of incarceration.

In State v. Stewart, 123 Or.App. 147

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