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STATE v. SAWATZKY

(CC Nos. 000332189, 000937299; SC S52332).

125 P.3d 722 (2005)

339 Or. 689

STATE of Oregon, Plaintiff-Adverse Party, v. Sylvia Marie SAWATZKY, Defendant-Relator.

Supreme Court of Oregon, En Banc.

Decided December 30, 2005.

Attorney(s) appearing for the Case

Gregory F. Silver, Metropolitan Public Defender Service, Inc., Portland, argued the cause and filed the briefs for relator.

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause for the adverse party on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

De MUNIZ, J.

This is an original mandamus proceeding. Relator, Sawatzky, pleaded guilty to a number of crimes. At her original sentencing, the trial judge found that there were "substantial and compelling reasons justifying a deviation" from the presumptive sentences for those crimes and, based on that determination, imposed sentences that exceeded the presumptive ranges. Relator appealed to the Court of Appeals. That court concluded that the imposition of "enhanced...

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