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STATE v. KAUTZ

D9708187M, D9708211M, D9708439M, C973596CR, C973597CR, C980503CR, C980504CR, C980338CR; A102986 (Control), A102987, A102988, A103386, A103387, A103388, A103389, A103822.

39 P.3d 937 (2002)

179 Or. App. 458

STATE of Oregon, Respondent, v. Dennis Charles KAUTZ, Appellant.

Court of Appeals of Oregon.

Decided February 13, 2002.

Attorney(s) appearing for the Case

Jennelle Hall, Deputy Public Defender, argued the cause for appellant. With her on the opening brief was David Groom, Public Defender. Dennis Charles Kautz filed the supplemental briefs pro se.

Douglas F. Zier, 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 EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

In this criminal case, defendant appeals from a conviction for burglary in the first degree, ORS 164.215 (the Osman burglary), arguing that his conduct constituted only second-degree burglary. He also assigns error to the court's refusal to follow the "shift to column I" rule when it imposed consecutive sentences for a second burglary conviction and robbery conviction (the Whitehead burglary). OAR-213-012-0020. We affirm defendant's convictions

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