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118 Or. App. 107

State v. Andrews

Court of Appeals of Oregon

Decided February 3, 1993

Court of Appeals of Oregon · decided 1993-02-03

Applies OR 137 § 137.635 · OR 161 § 161.725 · OR 164 § 164.225

Decided 1993-02-03

PER CURIAM

¶1Defendant appeals his conviction for burglary in the first degree, ORS 164.225, and challenges only the sentence imposed. The court sentenced defendant to 20 years imprisonment as a dangerous offender, ORS 161.725, with a six-year minimum term under ORS 137.635. The state concedes that the court had authority to sentence defendant under ORS 137.635 or under the dangerous offender statute, but not both. We accept that concession. State v. Serhienko, 111 Or App 604, 826 P2d 114 (1992).

¶2Conviction affirmed; remanded for resentencing.

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