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State v. David

Oregon Court of Appeals
Aug 2, 1976
552 P.2d 272 (Or. Ct. App. 1976)

Opinion

No. C 75-09-2796 Cr, CA 5628

Submitted on record and appellant's brief July 13, 1976.

Reversed and remanded August 2, 1976.

Appeal from Circuit Court, Multnomah County.

Robert E. Jones, Judge.

Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, filed the brief for appellant.

Lee Johnson, Attorney General, W. Michael Gillette, Solicitor General, and Thomas H. Denney, Assistant Attorney General, Salem, appeared for respondent.

Before Schwab, Chief Judge, and Langtry and Fort, Judges.


Reversed and remanded.


Counsel have stipulated:

"It appearing to counsel for appellant and respondent herein that defendant-appellant's sentence as a dangerous offender is erroneous, in that the judgment order herein imposes an additional sentence for being a dangerous offender, instead of enhancing the sentence for the underlying offense:

"IT IS HEREBY STIPULATED between counsel for appellant and respondent that the judgment herein should be vacated and the cause remanded for resentencing."

Reversed and remanded.


Summaries of

State v. David

Oregon Court of Appeals
Aug 2, 1976
552 P.2d 272 (Or. Ct. App. 1976)
Case details for

State v. David

Case Details

Full title:STATE OF OREGON, Respondent, v. PETER DAVID, JR., Appellant

Court:Oregon Court of Appeals

Date published: Aug 2, 1976

Citations

552 P.2d 272 (Or. Ct. App. 1976)
552 P.2d 272

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State v. David

The court found defendant to be a dangerous offender, and imposed an additional 20-year sentence to be served…