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STATE v. WEBB

1009290CR; A147650.

324 P.3d 522 (2014)

262 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Daniel Joseph WEBB, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 2, 2014.

Attorney(s) appearing for the Case

Kristin A. Carveth , Deputy Public Defender, argued the cause for appellant. On the briefs were Peter Gartlan , Chief Defender, and Erin Snyder , Deputy Public Defender, Office of Public Defense Services.

Doug M. Petrina , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

WOLLHEIM, J.

Defendant appeals a judgment of conviction for one count of second-degree burglary (Count 3) and two counts of first-degree theft (Counts 2 and 5), arguing that the trial court erred in denying his motion for judgment of acquittal on the burglary conviction and in sentencing him as a repeat property offender on Count 5 under ORS 137.717. For the reasons explained herein, we affirm defendant's convictions and do not address his sentencing argument, because...

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