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STATE v. MERCADO-CERVANTES

(97C21445; CA A104946)

11 P.3d 268 (2000)

170 Or. App. 152

STATE of Oregon, Respondent, v. Guillermo MERCADO-CERVANTES, Appellant.

Court of Appeals of Oregon.

Decided September 27, 2000.

Attorney(s) appearing for the Case

Monica L. Finch, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.

PER CURIAM.

Defendant was convicted of, among other things, two counts of first-degree sex abuse. The trial court included in the sentence on those two counts a declaration that defendant is not eligible for early release pursuant to ORS 137.750. On appeal, defendant argues that the trial court erred in imposing that restriction, because the statute applies only to crimes committed on or after December 5, 1996, and his crimes were committed before that date. The state...

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