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  5. 898 P.2d 1370 (1995)
 

STATE v. DECK

10-94-01640, 10-94-01681; CA A84611 (Control), A84612.

898 P.2d 1370 (1995)

135 Or.App. 538

STATE of Oregon, Respondent, v. Clifford Phillip DECK, Appellant.

Court of Appeals of Oregon.

Decided July 19, 1995.

Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, 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 WARREN, P.J., and LANDAU and LEESON, JJ.

PER CURIAM.

Under a plea agreement, defendant pleaded guilty to burglary in the first degree and attempted rape in the first degree. In a separate proceeding, he pleaded guilty to sexual abuse in the third degree. Two separate judgments were entered, but the convictions were consolidated for sentencing. On the burglary conviction,1 the trial court imposed an 80-month upward-departure incarceration term "subject to ORS 137.635."

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