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222 Or. App. 401

193 P.3d 1027

State v. Crawford

Court of Appeals of Oregon

Decided September 24, 2008

Court of Appeals of Oregon · decided 2008-09-24

Cited by 1 later decisions — most recently September 2008

Applies OR 137 § 137.123 · OR 161 § 161.405 · OR 163 § 163.115 · OR 163 § 163.185 · OR 164 § 164.405

Good law ✅— No negative treatment on recordhow we know

Decided 2008-09-24

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PER CURIAM

¶1Defendant was convicted after jury trial on one count of attempted murder, ORS 163.115; ORS 161.405, four counts of first-degree robbery, ORS 164.415, two counts of second-degree robbery, ORS 164.405, and one count of first-degree assault, ORS 163.185. On appeal, he challenges his convictions and his sentences. We reject without discussion defendant’s challenge to his convictions. The trial court imposed a partially consecutive sentence on one of defendant’s convictions over his objection, making findings pursuant to ORS 137.123(5). On appeal, defendant argues that the court erred in imposing that consecutive sentence based on judicial factfinding. The state acknowledges that defendant is correct under the Oregon Supreme Court’s decision in State v. Ice, 343 Or 248, 260, 170 P3d 1049 (2007), cert granted,_US_, 128 S Ct 1657 (2008). We agree.

¶2Remanded for resentencing; otherwise affirmed.

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