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STATE v. McELROY

(C962716CR; CA A97260)

984 P.2d 862 (1999)

161 Or. App. 437

STATE of Oregon, Respondent, v. Timothy Ross McELROY, Appellant.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Walter J. Ledesma, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, 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 De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.

HASELTON, J.

Defendant appeals, raising seven assignments of error to various aspects of the court's imposition of sentence. We reject without discussion all but defendant's third and seventh assignments of error, which concern the trial court's imposition of a consecutive sentence on count 9 (burglary in the first degree). We conclude that, because of the operation of the "400 percent rule," OAR 213-008-0007, the court erred in imposing a consecutive, rather than...

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