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STATE v. DeCHENNE

No. C 78-03-04713; CA 11606.

594 P.2d 831 (1979)

39 Or.App. 901

STATE of Oregon, Respondent, v. Rodney Jay DeChenne, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 22, 1979.

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.

Stuart R. Chandler, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON, and ROBERTS, JJ.

RICHARDSON, Judge.

Defendant appeals the sentence imposed following his conviction for Burglary in the First Degree. He contends the court had no authority to order the sentence to run consecutive to a sentence not yet executed in another case.

On February 15, 1978, the Clackamas County Circuit Court sentenced defendant to five years' incarceration. Execution of the sentence was suspended and defendant was placed...

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