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STATE v. JOHNSON

00C48195; A138490.

255 P.3d 547 (2011)

242 Or. App. 279

STATE of Oregon, Plaintiff-Respondent, v. Steven Lawrence JOHNSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Louis R. Miles , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before ORTEGA, Presiding Judge, and ROSENBLUM, Judge, and SERCOMBE, Judge.

ROSENBLUM, J.

Defendant appeals from an amended judgment purporting to modify an erroneous term in an earlier judgment by noting that the sentence in this case is to be served consecutively to a sentence previously imposed. Defendant contends that the failure to impose the sentence consecutively in the earlier judgment was not an "erroneous term" that can be modified under ORS 138.083, on which the trial court relied. The state argues that the court had inherent authority...

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