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STATE v. STEWART

10-90-07017C; CA A71065.

859 P.2d 545 (1993)

123 Or. App. 147

STATE of Oregon, Respondent, v. Matthew Wayne STEWART, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted July 14, 1993.

Decided September 15, 1993.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc July 14, 1993.

RIGGS, Judge.

Defendant appeals the sentence imposed on his convictions of two counts of burglary in the first degree, ORS 164.225, for burglarizing two houses. We affirm the sentence on the first count and remand for resentencing on the second count.

Before sentencing, defendant moved to exclude his juvenile adjudications from the calculation of his criminal history score. That motion was denied and the court used...

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