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STATE v. CLARK

04C43830; A125925.

134 P.3d 1074 (2006)

205 Or. App. 338

STATE of Oregon, Respondent, v. Shane Carl CLARK, aka Jason Brian Clark, Appellant.

Court of Appeals of Oregon.

Decided May 3, 2006.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Doug M. Petrina, 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 LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

BREWER, C.J.

Defendant pleaded guilty to 22 offenses. For three of the convictions, each for identity theft, the court imposed consecutive sentences and, pursuant to ORS 137.750, denied consideration for leave, release, or other sentence modification programs. On appeal, defendant makes the preserved assignment of error that the trial court violated his Sixth Amendment right to a jury trial by denying him consideration for...

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