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STATE v. McNEIL

(98CR0429; CA A104176)

12 P.3d 992 (2000)

170 Or. App. 407

STATE of Oregon, Respondent, v. Jacob Irison McNEIL, Appellant.

Court of Appeals of Oregon.

Decided October 11, 2000.

Attorney(s) appearing for the Case

Monica L. Finch, Deputy Public Defender, argued the cause for appellant. With her on the briefs was David E. Groom, State Public Defender.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.

BREWER, J.

Defendant appeals from a judgment imposing consecutive sentences on his convictions for burglary in the first degree, ORS 164.225, and assault in the third degree, ORS 163.165. He assigns error to the trial court's use of criminal history score "E" rather than "I" in sentencing him on the assault conviction. We review for errors of law, ORS 138.222(4), and vacate the sentence and remand to the trial court.

The indictment charged that defendant committed...

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