STATE v. DUBOIS

95-1926; CA A94540.

954 P.2d 1264 (1998)

152 Or. App. 515

STATE of Oregon, Appellant, v. David Keith DUBOIS, Respondent.

Court of Appeals of Oregon.

Decided February 18, 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 De MUNIZ, P.J., and HASELTON, J., and ROSSMAN, Senior J.


De MUNIZ, Presiding Judge.

The state appeals from a judgment sentencing defendant to 36 months' probation for the crime of second degree assault, ORS 163.175, arguing that the trial court erred in imposing that sentence pursuant to the sentencing guidelines rather than the mandatory minimum sentence of 70 months incarceration required by ORS 137.700(2)(a)(G). For the following reasons, we remand for resentencing.

In State ex rel. Huddleston v. Sawyer,<...

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