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STATE v. NISLEY

37196; CA A34075.

702 P.2d 84 (1985)

74 Or.App. 364

STATE of Oregon, Respondent, v. William Austen NISLEY, Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 21, 1985.

Attorney(s) appearing for the Case

Carla D. Thompson, 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 Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Judgment of conviction for burglary in the first degree vacated; remanded for entry of judgment and sentencing for burglary in the second degree. See State v. Sells, 299 Or. 198, 702 P.2d 68 (1985); State v. Graves, 299 Or. 189, 700 P.2d 244<...

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