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STATE v. MELTON

97CR0900; A114440.

76 P.3d 156 (2003)

189 Or. App. 411

STATE of Oregon, Respondent, v. Randall Thomas MELTON, Appellant.

Court of Appeals of Oregon.

Decided September 10, 2003.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Chief Deputy Defender, argued the cause for appellant. With him on the brief was David E. Groom, Acting Deputy Defender, Office of Public Defense Services.

Julie A. Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

ARMSTRONG, J.

Following entry of a guilty plea, defendant was convicted and sentenced in May 1998 for assault in the second degree, an offense for which ORS 137.700 (Ballot Measure 11 (1995)) mandates a prison term of 70 months. Pursuant to ORS 137.712(2)(a) and (b),1 the trial court departed from the statutory minimum prison sentence and imposed a lesser guidelines sentence of supervised probation for five years, with general and special...

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