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STATE v. PERRY

94CR167; CA A86111.

914 P.2d 29 (1996)

140 Or. App. 18

STATE of Oregon, Respondent, v. Scott Edward PERRY, Appellant.

Court of Appeals of Oregon.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him 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 pled guilty to burglary in the second degree, ORS 164.215, and fleeing or attempting to elude a police officer, ORS 811.540. He appeals from the judgment on his burglary conviction, seeking modification of his sentence. ORS 138.053; ORS 138.050. We vacate that portion of the judgment making that sentence consecutive to all other incarceration terms imposed.

At the sentencing proceeding, the trial court determined that defendant...

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