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STATE v. SIMONSON

M91-1057; CA A73957.

845 P.2d 936 (1993)

118 Or. App. 150

STATE of Oregon, Respondent, v. Carolyn Sue SIMONSON, Appellant.

Court of Appeals of Oregon.

Decided February 10, 1993.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Alan H. Biedermann, Deputy Public Defender, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

PER CURIAM.

Defendant appeals her conviction for failure to send a child to school. ORS 339.020. The court sentenced her to 60 days incarceration, suspended execution of the sentence, and placed her on probation for two years. She contends that the sentence is unlawful, because the maximum incarceration is 30 days. The state concedes that the court erred. ORS 339.990.

Conviction affirmed; remanded for...

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