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650 P.2d 164

59 Or.App. 42

Docket No. 79-1905; CA A22964, No. 79-1988; CA A22963 and No. 81-1741; CA A22962 (control).

State v. Ward

STATE of Oregon, Respondent, v. Marty John WARD, Appellant.

Court of Appeals of Oregon

Argued and Submitted March 29, 1982.

Decided September 1, 1982.

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

Cited by 1 later decisions — most recently April 1983

1 state decisions

Applies OR 164 § 164.215

Relies on 39 Or. App. 901 - State v. DeChenne · State v. Ward

Good law ✅— No negative treatment on recordhow we know

Decided 1982-09-01

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¶1Ronald K. Cox, Asst. Coos County Public Defender, Coquille, argued the cause and filed the brief for appellant.

¶2Barbara A. Jacobson, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

¶3Before GILLETTE, P.J., and JOSEPH, C.J.,[*] and YOUNG, J.

¶4PER CURIAM.

¶5Defendant 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County sentence was improper, because, at the time of sentencing, his probation on the Douglas County sentence had not been revoked.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. *165 DeChenne, 39 Or. App. 901, 594 P.2d 831 (1979).

¶6Remanded for resentencing.

NOTES

¶7[*] Joseph, C.J., vice Warden, J.

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