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STATE v. TANNER

990231447; A111473.

78 P.3d 132 (2003)

190 Or. App. 299

STATE of Oregon, Respondent, v. Willie Laron TANNER, Appellant.

Court of Appeals of Oregon.

Decided October 22, 2003.

Attorney(s) appearing for the Case

Jennelle Meeks Hall, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Willie Laron Tanner filed the supplemental brief pro se.

Jennifer S. Lloyd, Assistant Solicitor General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and SCHUMAN, Judge, and LEESON, Judge pro tempore.

PER CURIAM.

Defendant appeals his convictions for a number of felonies, making multiple assignments of error. We reject his contentions with one exception, his sentence on count 9, kidnapping in the first degree. We remand for resentencing.

The court sentenced defendant to two upward departures on count 9, which in his case resulted in a minimum sentence of 260 months. However, the crime is a Class A felony with a maximum sentence of 20 years, or 240 months...

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