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State v. Jones

Oregon Court of Appeals
Jun 20, 1984
691 P.2d 830 (Or. Ct. App. 1984)

Opinion

C83-04-31797; CA A29335

Argued and submitted March 28, 1984

Judgment vacated, remanded for sentencing June 20, 1984

Appeal from Circuit Court, Multnomah County.

Phillip J. Roth, Judge.

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Brenda J. Peterson, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Gillette, Presiding Judge, Van Hoomissen, Judge, and Joseph, Chief Judge.

PER CURIAM

Conviction for robbery in the second degree vacated; affirmed as modified; remanded for sentencing.


Defendant appeals his convictions of burglary in the first degree and robbery in the second degree. ORS 164.225; 164.405. He contends that the trial court should not have entered separate convictions and separate sentences for the burglary and the robbery. The state confesses error. We agree that the trial court erred. Accordingly, we vacate the robbery conviction.

We have considered defendant's other assignments and find no error.

Conviction for robbery in the second degree vacated; affirmed as modified; remanded for sentencing.


Summaries of

State v. Jones

Oregon Court of Appeals
Jun 20, 1984
691 P.2d 830 (Or. Ct. App. 1984)
Case details for

State v. Jones

Case Details

Full title:STATE OF OREGON, Respondent, v. CLARENCE JONES, Appellant

Court:Oregon Court of Appeals

Date published: Jun 20, 1984

Citations

691 P.2d 830 (Or. Ct. App. 1984)
691 P.2d 830