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STATE v. McCOY

96-04-32820; CA A95406.

952 P.2d 572 (1998)

152 Or. App. 393

STATE of Oregon, Respondent, v. Bobby Eugene McCOY, Appellant.

Court of Appeals of Oregon.

Decided February 4, 1998.

Attorney(s) appearing for the Case

Diane L. Alessi, Chief Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

PER CURIAM.

Defendant appeals his sentence for assault in the third degree with a firearm. ORS 163.165. The trial court sentenced defendant to five years incarceration, with a two-year period of post-prison supervision (PPS). Defendant assigns error to that sentence, arguing that, under the sentencing guidelines, his total period of incarceration and PPS may not exceed the maximum indeterminate sentence for third degree assault...

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