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STATE v. RILEY

200111460, 200117638; A116629 (Control), A116708.

97 P.3d 1269 (2004)

195 Or. App. 377

STATE of Oregon, Respondent, v. Darrell Eugene RILEY, Appellant.

Court of Appeals of Oregon.

Decided September 22, 2004.

Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary D. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and LANDAU and SCHUMAN, Judges.

SCHUMAN, J.

Defendant appeals judgments of conviction on one count of burglary in the first degree and one count of assault in the second degree. The cases are consolidated on appeal. With respect to both convictions, he asserts that the trial court erred by using a juvenile adjudication in the calculation of his criminal history score, resulting in a longer sentence than he would have received if the adjudication had not been used. With respect to the burglary conviction...

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