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STATE v. MIHM

C962655CR; CA A98190.

972 P.2d 890 (1998)

157 Or. App. 262

STATE of Oregon, Respondent, v. Spencer Nathan MIHM, Appellant.

Court of Appeals of Oregon.

Decided November 25, 1998.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the brief for appellant.

Jonathan Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

EDMONDS, J.

After a trial to a jury, defendant was found guilty of four counts of first-degree burglary, ORS 164.225, and one count of unlawful use of a weapon, ORS 166.220. The sentencing court ranked two of the burglary convictions in crime category 9. OAR 213-04-002(2). Defendant appeals and assigns error to the ranking of the convictions in crime category 9. Defendant seeks to have his convictions reduced to crime category 8 and requests that the case be remanded...

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