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STATE v. RICE, II

C920156CR: CA A74746.

855 P.2d 670 (1993)

121 Or. App. 657

STATE of Oregon, Respondent, v. Roger RICE, II, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1993.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, 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 ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Defendant pleaded guilty to two counts of first degree burglary. ORS 164.225. The trial court imposed a 24-month sentence on each count and ordered the second count be served consecutively to the first. The state concedes that, under OAR 253-12-020(2)(a), the maximum allowable sentence for Count 2 is 18 months. We accept that concession.1

Sentence for Count 2 vacated and remanded for resentencing; otherwise...

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