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STATE v. HAYES

95-06-1387M, 93-12-2334, 94-01-0137, 95-03-0649; CA A92680 (Control), A92699, A92700, A92737.

939 P.2d 91 (1997)

148 Or. App. 88

STATE of Oregon, Respondent, v. John Wayne HAYES, Appellant. (Four Cases).

Court of Appeals of Oregon.

Decided May 21, 1997.

Attorney(s) appearing for the Case

Andy Simrin, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

Defendant appeals from a judgment of conviction on five offenses, assigning error to the court's treatment of four1 of the offenses as misdemeanors rather than violations. We reverse and remand.

Defendant asserts, and the state concedes, that the trial court erred by entering misdemeanor convictions and sentencing him as a misdemeanant on four counts, on the ground that the underlying charges were for violations...

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