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STATE v. LAVERT

(9706-34576; CA A100298 (Control), A101037)

991 P.2d 1067 (1999)

164 Or. App. 280

STATE of Oregon, Appellant, v. Andre Deshawn LAVERT, Respondent.

Court of Appeals of Oregon.

Decided December 8, 1999.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant.

With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Stephen J. Williams, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

The state appeals from a judgment imposing sentence on a felony conviction. Defendant was charged with two counts of robbery in the second degree involving the same victim and incident. ORS 164.405.1 Defendant was acquitted by a jury verdict on the first count, ORS 164.405(1)(a) (dangerous or deadly weapon), and convicted on the second count, ORS 164.405(1)(b) (aided by another). At the time of sentencing, the trial court...

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