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121 Or. App. 657

State v. Rice

Court of Appeals of Oregon

Decided July 14, 1993

Court of Appeals of Oregon · decided 1993-07-14

Applies OR 164 § 164.225

Decided 1993-07-14

PER CURIAM

¶1Defendant pleaded guilty to two counts of first degree burglary. ORS 164.225. The trial court imposed a 24-month sentence on each count and ordered the second count be served consecutively to the first. The state concedes that, under OAR 253-12-020(2)(a), the maximum allowable sentence for Count 2 is 18 months. We accept that concession.1

¶2Sentence for Count 2 vacated and remanded for resentencing; otherwise affirmed.

¶3 Because defendant’s plea was not the result of a plea agreement with the state, ORS 138.222(2)(d) does not prohibit us from reviewing this claim of error. See State v. Adams, 315 Or 359, 847 P2d 397 (1993).

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