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STATE v. MELILLO

(960625BC2; CA A93228)

982 P.2d 12 (1999)

160 Or. App. 332

STATE of Oregon, Appellant, v. Russell Thomas MELILLO, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1999.

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.

Jesse WM. Barton, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

The state appeals from a judgment imposing a 38-month prison sentence for first-degree robbery. ORS 164.415(1). Despite the state's request, the trial court refused to impose the 90-month sentence mandated by Ballot Measure 11 as codified in ORS 137.700(2)(q) (1995). We reverse and remand.

The state first argues that the trial court lacked authority to impose the 38-month sentence because it had been required previously by the Supreme Court to...

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