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STATE v. EARLS

200704777; A140603.

267 P.3d 171 (2011)

246 Or. App. 578

STATE of Oregon, Plaintiff-Respondent, v. Bradley Stuart EARLS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 16, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Susan Fair Drake , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Michael R. Washington , Senior Assistant Attorney General, filed the brief for respondent.

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

SERCOMBE, J.

Following a guilty plea, defendant was convicted of 12 counts of negotiating a bad check, ORS 165.065; two counts of theft in the first degree, ORS 164.055; and one count of theft in the second degree, ORS 164.045. On appeal from the trial court's judgment of conviction, defendant contends that the court erred in (1) imposing a presumptive 13-month sentence for each count of first-degree theft pursuant to ORS 137.717 (2005)1

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