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STATE v. WOODIN

90C-21461; CA A78979.

883 P.2d 1332 (1994)

131 Or. App. 171

STATE of Oregon, Respondent, v. Byrum Wade WOODIN, Appellant.

Court of Appeals of Oregon.

Decided November 2, 1994.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

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

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Defendant challenges the determinate sentence of 36 months imposed under ORS 137.635 for his conviction for burglary in the first degree. ORS 164.225. We remand for resentencing.

In July, 1991, after defendant was found guilty of burglary in the first degree, the sentencing court determined that his conviction came within gridblock 8-E, for which the presumptive sentence is 25 to 26 months...

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