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119 Or. App. 154

State v. Wallace

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 § 164.043 · OR 164 § 164.225

Decided 1993-03-31

PER CURIAM

¶1Defendant appeals convictions for burglary in the first degree, ORS 164.225, and theft in the third degree. ORS 164.043. He challenges only the sentence imposed for the burglary conviction. The state concedes that the court erred by imposing a sentence under ORS 137.635, rather than under the sentencing guidelines. We accept that concession. State v. Haydon, 116 Or App 347, 842 P2d 410 (1992).

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

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