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STATE v. STONE

CR01-02058; A118330.

118 P.3d 830 (2005)

STATE of Oregon, Respondent, v. David Earl STONE, Appellant.

Court of Appeals of Oregon.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jill Smith, Assistant Attorney General, filed the opening brief for respondent. Doug M. Petrina, Assistant Attorney General, filed the supplemental brief.

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

LANDAU, P.J.

Defendant was convicted of possession of a controlled substance, ORS 475.992(4)(b), manufacture of a controlled substance, ORS 475.992(1)(b), felon in possession of a firearm, ORS 166.270, and identity theft, ORS 165.800. The trial court treated the manufacture of a controlled substance count as the primary offense. The court assigned a criminal history score of "B" to that offense and imposed a presumptive sentence. The court imposed a concurrent presumptive...

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