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117 Or. App. 531

842 P.2d 819

State v. Johnson

STATE of Oregon, Respondent, v. Dwayne JOHNSON, Appellant.

Court of Appeals of Oregon

Decided December 30, 1992

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

Cited by 3 later decisions — most recently July 1996

2 federal appellate ·

Key passage — most relied on by later courts

“in imposing an indeterminate sentence under the dangerous offender statute.”

quoted by 1 later decision, including State v. Johnson

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

Relies on 111 Or. App. 604 - State v. Serhienko

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-30

View the full empirical analysis of this case →

91-832-C-1; CA A71401.

¶1Court of Appeals of Oregon.

Argued and Submitted December 7, 1992.
Decided December 30, 1992.

¶2Gary D. Babcock, Salem, argued the cause and filed the brief for appellant.

¶3Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

¶4Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

¶5PER CURIAM.

¶6Defendant appeals his convictions for 2 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.

¶7The 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 P.2d 114 (1992). We accept that concession.

¶8Convictions affirmed; remanded for resentencing.

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