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116 Or. App. 233

State v. Brown

Court of Appeals of Oregon

Decided November 4, 1992

Court of Appeals of Oregon · decided 1992-11-04

Applies OR 164 § 164.225

Decided 1992-11-04

PER CURIAM

¶1In a stipulated facts trial, defendant was convicted of burglary in the first degree. ORS 164.225. The state concedes that the sentencing court erred in imposing a 15-year minimum sentence as part of defendant’s dangerous offender sentence. We accept the concession. State v. Serheinko, 111 Or App 604, 826 P2d 114 (1992).

¶2Defendant failed to preserve his claim that the court erred in finding that he was armed with a weapon during the commission of the offense.

¶3Conviction affirmed; remanded for resentencing.

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