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STATE v. CLEVELAND

94C21281; CA A89874.

939 P.2d 94 (1997)

148 Or. App. 97

STATE of Oregon, Respondent, v. Ernest CLEVELAND, III, Appellant.

Court of Appeals of Oregon.

Decided May 21, 1997.

Review Denied July 29, 1997.

Attorney(s) appearing for the Case

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

Ann F. Kelley, Assistant Attorney General, Salem, argued the cause for respondent. With her 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.

In this criminal case, defendant appeals from a judgment convicting him of two counts of manslaughter I with a firearm, ORS 163.095 (lesser included offense); ORS 161.610, burglary I with a firearm, ORS 164.225; ORS 161.610, and robbery I with a firearm, ORS 164.415; ORS 161.610. We affirm his convictions without discussion but remand for resentencing.

At sentencing, the trial court merged defendant's manslaughter convictions and sentenced...

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