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STATE v. PAETEHR

(970131CR; CA A100478)

7 P.3d 708 (2000)

169 Or. App. 157

STATE of Oregon, Appellant— Cross-Respondent, v. Evahn G. PAETEHR, 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 brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for respondent—cross-appellant. With him on the brief was David E. Groom, Public Defender.

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

WOLLHEIM, J.

The state appeals from a judgment imposing a sentence for a crime category 4 and seeks a remand to the trial court to resentence defendant to a crime category 8. Defendant cross-appeals his conviction. We conclude that the state did not demonstrate that the grand jury intended that defendant's action be classified as a crime category 8 on the crime seriousness scale of the sentencing guidelines grid and affirm on the appeal. We also affirm on the cross...

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