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STATE v. SMITH

CR92-112; CA A75497.

856 P.2d 646 (1993)

122 Or. App. 630

STATE of Oregon, Respondent, v. Rodrick Warren SMITH, Appellant.

Court of Appeals of Oregon.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Dan Maloney, Deputy Public Defender, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., Thomas H. Denney, Asst. Atty. Gen., and Amanda Buttress, Certified Law Student, Salem, filed the brief for respondent.

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

PER CURIAM.

Defendant appeals his conviction for second degree criminal mischief, ORS 164.354, assigning error to the entry of the judgment of conviction based on his plea of guilty and to the sentence imposed as a result of the conviction. He argues, and the state concedes, that, because the record contains no evidence that he entered a guilty plea, entry of the judgment of conviction based on the plea was error. We accept the state's concession. ORS 135.385 to ORS...

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