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STATE v. THORP

(CR97-00753; CA A101900)

2 P.3d 903 (2000)

166 Or. App. 564

STATE of Oregon, Appellant, v. Justin Edward THORP, Respondent.

Court of Appeals of Oregon, En Banc.

September 8, 1999.

Decided April 19, 2000.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

David C. Degner, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before DEITS, Chief Judge, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM and BREWER, Judges.

Taken En Banc September 8, 1999.

De MUNIZ, J.

This is a case about judicial restraint and faithful adherence to our constitutional duty to accord the legislature and the citizens of Oregon substantial deference in fixing the appropriate punishment for criminal behavior. Ultimately, it is the fidelity of the majority of this court to its constitutional duty that controls the outcome of this case.

Defendant was tried and convicted of two counts of rape...

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