STATE v. HOUSE

(CR9700707; CA A102383)

7 P.3d 705 (2000)

169 Or. App. 187

STATE of Oregon, Appellant— Cross-Respondent, v. Danielle Elizabeth HOUSE, Respondent—Cross-Appellant.

Court of Appeals of Oregon.

Decided July 12, 2000.


Attorney(s) appearing for the Case

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

Susan F. Drake, Deputy Public Defender, argued the cause for respondent—cross-appellant. With her on the briefs was David E. Groom, Public Defender.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

The state appeals from a judgment imposing a downward departure sentence under the sentencing guidelines on a manslaughter conviction that was subject to the mandatory minimum sentencing requirements of Measure 11. Defendant cross-appeals, arguing that the trial court erred in granting the state's demand for a jury trial and also erred when it allowed evidence of her prior uncharged misconduct. We agree that the trial court erred in refusing to accept defendant...

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