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50 Or. App. 175

State v. Hernandez

Court of Appeals of Oregon

Decided January 26, 1981

Court of Appeals of Oregon · decided 1981-01-26

Decided 1981-01-26

PER CURIAM

¶1The state concedes that the trial court erred in failing to obtain an updated presentence investigation before imposing the sentence. Although the court determined that a supplement was unnecessary, and the district attorney appeared to concur in that conclusion, defendant did not sign a written waiver. On the contrary, defendant voiced an express desire to have an additional presentence report submitted to the court. Accordingly, the case is remanded for resentencing.

¶2Remanded for resentencing.

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