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STATE v. LAVITSKY

(C9601-30470; CA A101772)

17 P.3d 495 (2000)

171 Or. App. 506

STATE of Oregon, Appellant, v. Andrei LAVITSKY, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted November 9, 2000.

Decided December 20, 2000.

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.

David D. Degner, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before DEITS, Presiding Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM and BREWER, Judges.

Resubmitted En Banc November 9, 2000.

LINDER, J.

The state appeals from an amended judgment of conviction and sentence for first-degree manslaughter, arguing that the sentencing court lacked authority to modify the sentence. Alternatively, the state asserts that, even if the court had that authority, the particular modification it made—i.e., entering the amended judgment nunc pro tunc "as, of, and for June 7, 1994," which effectively gave...

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