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STATE v. BAGLEY

97CR0674AB; CA A100687.

976 P.2d 75 (1999)

158 Or. App. 589

STATE of Oregon, Respondent, v. Derik Todd BAGLEY, Appellant.

Court of Appeals of Oregon.

Decided February 24, 1999.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, argued the cause for appellant. With him on the brief was Diane L. Alessi, Interim Public Defender.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

De MUNIZ, P.J.

Defendant pleaded guilty to unauthorized use of a vehicle (UUV), ORS 164.135. He had three prior convictions for UUV. His placement on the sentencing guidelines grid block was 3-C, with a presumptive sentence of two years' probation. However, based on ORS 137.717, which requires a mandatory minimum sentence of 13 months' incarceration for UUV with one prior conviction, and defendant's two additional prior convictions, the court imposed an 18-month sentence...

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