Categories: Oregon Court of Appeals Opinions

STATE v. MERRILL, 30 Or. App. 635 (1977)

567 P.2d 617

STATE OF OREGON, Respondent, v. KEITH RAYMOND MERRILL, Appellant.

No. 73-656-C, CA 8028Oregon Court of Appeals.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.

Page 636

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Page 637

PER CURIAM.

The state confesses error under State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969).[1]

Remanded for resentencing.

Page 638

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[1] 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.

Page 639

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