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STATE v. MARSHALL

051061; A131110.

183 P.3d 241 (2008)

219 Or. App. 511

STATE of Oregon, Plaintiff-Respondent, v. Danny Charles MARSHALL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 30, 2008.

Attorney(s) appearing for the Case

Eric Johansen, Senior Deputy Public Defender, argued the cause for appellant. With him on the brief were Ingrid Swenson, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Jamie K. Contreras, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

Defendant pleaded guilty to two counts of robbery in the second degree, one count of kidnapping in the second degree, and one count of assault in the third degree. Defendant was sentenced to concurrent 70-month prison terms on the robbery counts, ORS 137.700(2)(a)(R); a 70-month term of imprisonment on the kidnapping count, ORS 137.700(2)(a)(I), with 40 months of that sentence to be served consecutively to the robbery sentences; and a 14-month prison...

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