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STATE v. O'QUINN

F95-111138C and F95-121325C; CA A92023 (Control) and CA A92024.

947 P.2d 1135 (1997)

151 Or. App. 168

STATE of Oregon, Respondent, v. Jessey D. O'QUINN, Appellant.

Court of Appeals of Oregon.

Decided November 5, 1997.

Attorney(s) appearing for the Case

Jay Edwards, Salem, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Assistant Attorney General, and Tammy Hawkins, Certified Law Student, argued the cause for respondent. With them on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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

EDMONDS, Judge.

After a trial to the court, defendant was found guilty of two counts of burglary in the first degree. ORS 164.225.1 At sentencing, the court enhanced the sentences on the convictions from crime category 7 to category 9 on the ground that the state alleged and proved that defendant was armed with a deadly weapon in the commission of the offenses. OAR 253-04-002(2), App. 3. Defendant...

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