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STATE v. CARR

03C-52930; A124994.

139 P.3d 1045 (2006)

207 Or. App. 105

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

Court of Appeals of Oregon.

Decided July 26, 2006.

Attorney(s) appearing for the Case

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

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

On Respondent's Petition for Reconsideration May 25, 2006.

PER CURIAM.

The state petitions for reconsideration of our opinion, in which we concluded that the trial court committed plain error in imposing departure sentences based on facts that defendant did not admit and that were not found by a jury. State v. Carr, 203 Or.App. 179, 124 P.3d 1260 (2005). The state argues that, under...

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