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STATE v. MUYINGO

95-10-38342; A118291.

105 P.3d 899 (2005)

197 Or. App. 320

STATE of Oregon, Respondent, v. Ahmed MUYINGO, aka Muyingo Ahmed Muyingo, Appellant.

Court of Appeals of Oregon.

Decided February 2, 2005.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, argued the cause for appellant. With him on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Kaye E. McDonald, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ORTEGA, Judge, and DEITS, Judge pro tempore.

HASELTON, P.J.

Defendant appeals from a sentence imposed on one count of first-degree criminal mistreatment, ORS 163.205, after our remand in State v. Muyingo, 171 Or.App. 218, 15 P.3d 83 (2000), rev. den., 332 Or. 431, 30 P.3d 1184 (2001). (Muyingo I). He contends that the trial court lacked authority on remand to modify his sentence on the criminal mistreatment count for...

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