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STATE v. HUBBARD

A161146.

417 P.3d 498 (2018)

290 Or.App. 640

STATE of Oregon, Plaintiff-Appellant, v. Cannon Terrell HUBBARD, Defendant-Respondent.

Court of Appeals of Oregon.

March 7, 2018.

Attorney(s) appearing for the Case

Timothy A. Sylwester , Assistant Attorney General, argued the cause for appellant. With him on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Andy Simrin argued the cause for respondent. With him on the brief was Andy Simrin PC.

Before DeVore, Presiding Judge, and Garrett, Judge, and Powers, Judge.

Defendant was convicted of murder by abuse, ORS 163.115(1)(c), in 1998. In 2015, he moved the trial court to delete "life in prison" from his sentence as an "erroneous term in the judgment," former ORS 138.083(1)(a) (2015),1 arguing that the life sentence was

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