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STATE v. ANDERSON

02-4169-DFE; A121088.

104 P.3d 1175 (2005)

197 Or. App. 193

STATE of Oregon, Respondent, v. Fayette Lamae ANDERSON, Appellant.

Court of Appeals of Oregon.

Decided January 26, 2005.

Attorney(s) appearing for the Case

Louis R. Miles, Deputy Public Defender, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

Defendant appeals from a judgment sentencing her to 70 months of imprisonment after she pleaded guilty to second-degree robbery, a so-called "Measure 11" crime, that is, one that carries a statutory minimum sentence under ORS 137.700. She assigns error to the trial court's ruling that as a matter of law she did not qualify for a lesser sentence under ORS 137.712(2)(d), which provides a discretionary exception to the Measure 11 sentence for second-degree...

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