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119 Or. App. 150

State v. Salas

Court of Appeals of Oregon

Decided March 31, 1993

Court of Appeals of Oregon · decided 1993-03-31

Applies OR 137 § 137.635 · OR 164 § 164.225

Decided 1993-03-31

PER CURIAM

¶1These two cases were consolidated for appeal. Defendant challenges only the sentence imposed on his conviction for burglary in the first degree, ORS 164.225, in CA A74492. The state concedes that the court erred by sentencing defendant under ORS 137.635, rather than under the sentencing guidelines. We accept that concession. State u. Haydon, 116 Or App 347, 842 P2d 410 (1992).

¶2Sentence for burglary in the first degree in CA A74492 vacated and remanded for resentencing; otherwise affirmed.

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