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STATE v. SINCLAIR

Nos. 91C-20916; CA A72632.

848 P.2d 662 (1993)

119 Or. App. 160

STATE of Oregon, Respondent, v. Jeffrey Walter SINCLAIR, Appellant.

Court of Appeals of Oregon.

Decided March 31, 1993.

Attorney(s) appearing for the Case

D. Olcott Thompson, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, C.J., and WARREN and EDMONDS, JJ.

PER CURIAM

Defendant appeals his conviction for burglary in the first degree. ORS 164.225. He contends that the court erred in imposing a sentence under ORS 137.635, rather than under the sentencing guidelines. The state concedes that the court erred. We accept that concession. State v. Haydon, 116 Or.App. 347, 842 P.2d 410 (1992).

Conviction affirmed; sentence vacated; remanded...

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