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STATE v. KEPHART

CC 10-91-02674, 10-91-03155; CA A72778 (control), A72779; SC S40786.

887 P.2d 774 (1994)

320 Or. 433

STATE of Oregon, Respondent on Review, v. Philip Lee KEPHART, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided December 16, 1994.

Attorney(s) appearing for the Case

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

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

GILLETTE, Justice.

In this criminal case, we are faced with the limited question of the appellate reviewability of a criminal sentence. Defendant argued to the Court of Appeals that the trial judge improperly applied the state sentencing guidelines to his offenses. Defendant then argued that, due to this allegedly improper application of the sentencing guidelines, the Court of Appeals had authority to review the sentence under ORS 138.222(4)1

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