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STATE v. ESCALERA

060130159; A133736.

194 P.3d 883 (2008)

223 Or. App. 26

STATE of Oregon, Plaintiff-Respondent, v. Andrew Douglas ESCALERA, aka Andrew Escalera, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 15, 2008.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Denis M. Vannier, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Pamela J. Walsh, Assistant Attorney General.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

BREWER, C.J.

Defendant appeals a judgment imposing, pursuant to ORS 137.717(1)(b), a presumptive 13-month prison sentence on his conviction for unauthorized use of a vehicle.1 At issue is whether defendant's previous conviction for residential burglary in Washington was for a "comparable offense," within the meaning of ORS 137.717(4)(b), to first-degree burglary under ORS 164.225.2 We review for errors of law...

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