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STATE v. COMMEDORE

239 Or. 82 (1964)

396 P.2d 216

STATE OF OREGON v. COMMEDORE

Supreme Court of Oregon.

Affirmed November 4, 1964.

Attorney(s) appearing for the Case

Millard M. Becker, Portland, argued the cause for appellant. With him on the brief were Groce, Becker & Ellis, Portland.

Vincent G. Ierulli, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and DENECKE, Justices.

AFFIRMED.

McALLISTER, C.J.

The defendant, William Commedore, plead guilty in Multnomah county to an indictment charging him with the crime of burglary not in a dwelling, and on April 4, 1963 was sentenced to a term in the penitentiary not exceeding five years. Thereafter, on April 10, 1963, the district attorney filed an information charging that the defendant had committed four prior felonies and asking the court to vacate the five-year sentence, and to impose...

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