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STATE v. FULTS

04CR1586, 04CR1689; A127874 (Control), A127875.

149 P.3d 1248 (2006)

210 Or. App. 150

STATE of Oregon, Respondent, v. David Lester FULTS, Appellant.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Seann C. Colgan, Assistant Attorney General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

This is a criminal case in which defendant appeals judgments in two cases that have been consolidated for purposes of appeal. The sole issue on appeal pertains to the lawfulness of one of the sentences in one of the cases. We agree with defendant that that sentence is unlawful and therefore vacate the sentences in that case, ORS 138.222(5), and remand for resentencing.

In Case Number A127874, defendant was convicted of manufacture of a controlled...

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