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STATE v. CLANTON

96-212; CA A94254.

955 P.2d 312 (1998)

152 Or. App. 705

STATE of Oregon, Appellant, v. Michael Brent CLANTON, Respondent.

Court of Appeals of Oregon.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

No appearance for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

The state appeals a judgment imposing a probationary sentence on two felony convictions that are subject to mandatory minimum 75-month sentences under ORS 137.700(2)(p). The trial court declined to impose the mandatory minimum sentences on the ground that the statute is facially unconstitutional. The state argues that, in the light of the Supreme Court's decision in State ex rel. Huddleston v. Sawyer, 324 Or. 597

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