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STATE v. CARR

03C-52930; A124994.

124 P.3d 1260 (2005)

203 Or. App. 179

STATE of Oregon, Respondent, v. David Charles CARR, Appellant.

Court of Appeals of Oregon.

Decided December 14, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Susan G. Howe, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Defendant pleaded guilty to delivery of a controlled substance to a minor (DCS), ORS 475.995, and contributing to the sexual delinquency of a minor, ORS 163.435. The trial court determined that defendant's criminal history score for the purpose of the DCS conviction was F, resulting in a presumptive sentence of 23 to 24 months. Based on the aggravating factors that defendant was on both probation and post-prison...

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