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STATE v. HARDESTY

C83-01-30043; CA A29048.

682 P.2d 824 (1984)

68 Or.App. 591

STATE of Oregon, Respondent, v. Jude Somerset HARDESTY, Appellant.

Court of Appeals of Oregon.

Decided June 13, 1984.

Reconsideration Denied August 17, 1984.

Review Allowed August 28, 1984.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Roy Pulvers, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

JOSEPH, Chief Judge.

Defendant appeals from a conviction on two counts of robbery in the first degree and one count of rape in the first degree. He seeks modification of the sentences imposed. We remand for resentencing.

Defendant was originally charged in a six count indictment. After plea negotiations, he was found guilty on the three counts in a stipulated facts trial. The trial court sentenced him to 20 years for each conviction and imposed a mandatory...

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