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STATE v. SPINNEY

CM89-0966; CA A64690.

820 P.2d 854 (1991)

109 Or.App. 573

STATE of Oregon, Respondent, v. Delbert L. SPINNEY, Appellant.

Court of Appeals of Oregon.

Decided November 13, 1991.

Reconsideration Denied December 26, 1991.

Attorney(s) appearing for the Case

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

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

This is a challenge to the constitutionality of Oregon's Sentencing Guidelines (guidelines).1 The question is whether the guidelines violate Article I, section 15; Article I, section 16; or Article III, section 1, of the Oregon Constitution.

Defendant was convicted of first degree burglary, ORS 164.225, and second degree kidnapping. ORS 163.225. Under the guidelines, he...

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