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STATE v. KEEFER

(98-CR-0041-15, 98-CR-0217-15; CA A102244 (Control), A102245)

8 P.3d 1002 (2000)

169 Or. App. 338

STATE of Oregon, Appellant, v. Kenneth Ray KEEFER, Respondent.

Court of Appeals of Oregon.

Decided August 23, 2000.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Jesse Wm. Barton, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

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

EDMONDS, P.J.

The state appeals from judgments sentencing defendant to prison terms, suspending the execution of those prison terms and placing defendant on probation after defendant was convicted of first-degree theft, ORS 164.055, and second-degree burglary, ORS 164.215. We reverse and remand for resentencing. ORS 138.222(5).

Defendant pleaded guilty to the charge of first-degree theft and no contest to the charge of second-degree burglary. The indictments...

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