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STATE v. BURNS

910432065; CA A71827.

847 P.2d 415 (1993)

118 Or. App. 492

STATE of Oregon, Respondent, v. Jesse Ray BURNS, Jr., Appellant.

Court of Appeals of Oregon.

Decided March 3, 1993.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

John Payne, Certified Law Student, Salem, argued the cause for respondent. With him on the briefs were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

PER CURIAM.

The state concedes that the trial court erred in imposing consecutive sentences on Counts 2 and 3 of the indictment without finding that it had authority to do so. State v. Racicot, 106 Or.App. 557, 809 P.2d 726 (1991). We accept the concession.

Convictions affirmed; remanded for...

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