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State v. Merrill

Oregon Court of Appeals
Aug 17, 1977
567 P.2d 617 (Or. Ct. App. 1977)

Opinion

No. 73-656-C, CA 8028

Submitted on record August 1, 1977

Remanded for resentencing August 17, 1977

Appeal from Circuit Court, Josephine County.

Samuel M. Bowe, Judge.

Gary D. Babcock, Public Defender, and Gary L. Hooper, Deputy Public Defender, Salem, filed the brief for appellant.

James A. Redden, Attorney General, and Thomas H. Denney, Assistant Attorney General, Salem, appeared for respondent.


Before Schwab, Chief Judge, and Tanzer and Johnson, Judges.

PER CURIAM.

Remanded for resentencing.


The state confesses error under State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969).

We note that the distinction between State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969), and State v. Monahan, 29 Or. App. 791, 564 P.2d 1374 (1977), is that in Stevens, as in the case at bar, the trial court was ordering a sentence previously imposed to be executed, whereas in Monahan, no sentence had previously been imposed.

Remanded for resentencing.


Summaries of

State v. Merrill

Oregon Court of Appeals
Aug 17, 1977
567 P.2d 617 (Or. Ct. App. 1977)
Case details for

State v. Merrill

Case Details

Full title:STATE OF OREGON, Respondent, v. KEITH RAYMOND MERRILL, Appellant

Court:Oregon Court of Appeals

Date published: Aug 17, 1977

Citations

567 P.2d 617 (Or. Ct. App. 1977)
567 P.2d 617