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STATE v. LARSON

CR95-00255; CA A90221.

927 P.2d 1117 (1996)

144 Or. App. 611

STATE of Oregon, Respondent, v. Daniel John LARSON, Appellant.

Court of Appeals of Oregon.

Decided November 27, 1996.

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.

Judith Brant, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

Defendant appeals his sentence for burglary in the first degree, arguing that the trial court erred in sentencing him under ORS 137.635. We agree. Defendant's predicate convictions, on which the application of ORS 137.635 was based, were not entered at the time that he committed the crime for which he was being sentenced. Accordingly, the case must be remanded for resentencing. State v. Allison, 143 Or.App. 241, 923 P...

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