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59 Or. App. 42

State v. Ward

Court of Appeals of Oregon

Decided September 1, 1982

Court of Appeals of Oregon · decided 1982-09-01

Cited by 2 later decisions — most recently April 1983

2 state decisions

Applies OR 164 § 164.215

Good law ✅— No negative treatment on recordhow we know

Decided 1982-09-01

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PER CURIAM

¶1Defendant appeals the sentence imposed after his conviction for burglary in the second degree, ORS 164.215, and revocation of his probation on previous burglary convictions. The only matter requiring a written opinion is defendant’s argument that ordering the sentence on this burglary conviction to run consecutively to a 1980 Douglas County sentence was improper, because, at the time of sentencing, his probation on the Douglas County sentence had not been revoked. He correctly relies on State v. DeChenne, 39 Or App 901, 594 P2d 831 (1979).

¶2Remanded for resentencing.

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