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STATE v. BARNUM

91CR0186; CA A96130.

959 P.2d 1007 (1998)

154 Or.App. 24

STATE of Oregon, Respondent, v. Byron Franklin BARNUM, Appellant.

Court of Appeals of Oregon.

Decided May 20, 1998.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Douglas F. Zier, Assistant Attorney General.

Before De MUNIZ, P.J., and DEITS, C.J., and HASELTON, J.

De MUNIZ, Presiding Judge.

Defendant appeals the guidelines sentence imposed following his post-conviction proceeding in which the post-conviction court found that his dangerous offender sentence was invalid under State v. Davis, 315 Or. 484, 847 P.2d 834 (1993). Defendant argues that the court erred by sentencing him to a 40-month departure sentence instead of sentencing him as a dangerous offender...

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