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STATE v. THOMPSON

578 P.2d 5 (1978)

34 Or.App. 371

STATE of Oregon, Respondent, v. Concetta Marie THOMPSON, Appellant.

Court of Appeals of Oregon.

Argued and Submitted April 25, 1978.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

SCHWAB, Chief Judge.

Affirmed in part; reversed and remanded in part for resentencing.

SCHWAB, C.J.

Defendant pled guilty to both counts of an indictment charging her with unlawfully obtaining public assistance and unlawfully obtaining food stamps. The trial court imposed a sentence of not to exceed three years' imprisonment on each count, with the sentences to run concurrently.

As the state concedes, the crime of unlawfully obtaining food...

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