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117 Or. App. 531

State v. Johnson

Court of Appeals of Oregon

Decided December 30, 1992

Court of Appeals of Oregon · decided 1992-12-30

Cited by 2 later decisions — most recently July 1996

1 federal appellate ·

Applies OR 161 § 161.725 · OR 164 § 164.225 · OR 164 § 164.255

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-30

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PER CURIAM

¶1Defendant appeals his convictions for two counts of burglary in the first degree, ORS 164.225, and criminal trespass in the first degree, ORS 164.255. We affirm the convictions without discussion and write only to address the sentence.

¶2The court “merged” the convictions and sentenced defendant to 30 years under the dangerous offender statute, ORS 161.725, with a 15-year minimum term. The court imposed an alternative 20-year sentence under the sentencing guidelines. The state concedes that the court erred in imposing an indeterminate sentence under the dangerous offender statute. State v. Serhienko, 111 Or App 604, 826 P2d 114 (1992). We accept that concession.

¶3Convictions affirmed; remanded for resentencing.

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