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STATE v. SOTO-NUNEZ

C021718CR, C022939CR; A121304 (Control); A121305.

155 P.3d 96 (2007)

211 Or. App. 545

STATE of Oregon, Plaintiff-Respondent, v. Jose Patricio SOTO-NUNEZ, aka Jose Patricio Soto, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 28, 2007.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

LANDAU, P.J.

Defendant appeals judgments of conviction in two consolidated cases. He advances various arguments that his sentences were unlawful. We conclude that one of those arguments is well taken with respect to the sentences in one of the cases and requires that we vacate the sentences in that case and remand for resentencing.

The relevant facts are not in dispute. In case A121304 (Washington County case number C021718CR), defendant was convicted of one...

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