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STATE v. STEWART/BILLINGS

CC 10-90-07017C; CA A71065; SC S40693; CC 9202-0365, 9202-0366; CA A76560 (Control), A76561; SC S40890.

892 P.2d 1013 (1995)

321 Or. 1

STATE of Oregon, Respondent on Review, v. Matthew Wayne STEWART, Petitioner on Review. STATE of Oregon, Respondent on Review, v. Jesse Allen BILLINGS, aka Running Deer, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted January 19, 1995.

Decided April 21, 1995.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for petitioners on review. With him on the briefs were Sally L. Avera, Public Defender, and Louis R. Miles, Deputy Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With her on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Angela Sherbo, Portland, filed a brief on behalf of amicus curiae Juvenile Rights Project, Inc.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

VAN HOOMISSEN, Justice.

The issue in these consolidated cases is whether the sentencing courts erred in denying defendants' motions to preclude the use of their juvenile adjudications in calculating their "criminal history scores" under the sentencing guidelines. The Court of Appeals affirmed the sentencing courts' rulings. State v. Stewart, 123 Or.App. 147, 151, 859 P.2d 545 (1993),

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