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STATE v. RAMIREZ

C030767CR; A123657.

139 P.3d 981 (2006)

207 Or. App. 1

STATE of Oregon, Respondent, v. Anastacio RAMIREZ, Appellant.

Court of Appeals of Oregon.

July 19, 2006.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, for petition.

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

On respondent's petition for reconsideration filed May 10, 2006.

LANDAU, P.J.

The state petitions for reconsideration of our opinion, State v. Ramirez, 205 Or.App. 113, 133 P.3d 343 (2006), in which we concluded that the trial court committed plain error when it imposed a departure sentence based on its own findings of fact. The state argues that our opinion is at odds with the Supreme Court's decision in State v. Perez, 340...

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