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STATE v. PROVENCIO

95CR-0490AB; CA A92125.

955 P.2d 774 (1998)

153 Or. App. 90

STATE of Oregon, Respondent, v. Eric Christopher PROVENCIO, Appellant.

Court of Appeals of Oregon.

Decided March 18, 1998.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and DEITS, C.J., and LANDAU, J.

LANDAU, Judge.

Defendant appeals his conviction for robbery in the second degree, challenging the sentence that the trial court imposed. He argues that the trial court erred in using a previous California conviction to calculate his criminal history score and in imposing an excessive term of post-prison supervision. The state concedes that the court erred in imposing the term of post-prison supervision, but it argues that the trial court correctly relied on the California...

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