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STATE v. GEE

96-3176-C-2; CA A99404.

965 P.2d 462 (1998)

156 Or. App. 241

STATE of Oregon, Appellant, v. Daniel Robert GEE, Respondent.

Court of Appeals of Oregon.

Decided September 30, 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 Michael D. Reynolds, Solicitor General.

Dan Maloney and Jesse Wm. Barton, Deputy Public Defenders, argued the cause for respondent. On the brief were Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender.

Before De MUNIZ, P.J., and DEITS, C.J., and HASELTON, J.

De MUNIZ, Presiding Judge.

This is an appeal by the state from the sentence imposed on defendant's conviction for robbery in the first degree, ORS 164.415, a felony subject to ORS 137.700, the codification of Ballot Measure 11 (1994). Instead of imposing the 90-month minimum sentence mandated by Measure 11, the trial court imposed a 51-month presumptive term under the sentencing guidelines. The state then filed a petition for a peremptory writ of mandamus in the Oregon...

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