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STATE v. RHOADES

CM0320389; A125359.

149 P.3d 1259 (2006)

210 Or. App. 280

STATE of Oregon, Appellant, v. Jeremiah Darrell RHOADES, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Robert M. Atkinson, Senior Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Assistant Attorney General.

David C. Degner, Deputy Public Defender, argued the cause for respondent. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and DEITS, Judge pro tempore.

DEITS, J. pro tempore.

This is a criminal case in which defendant was convicted of third-degree rape, ORS 163.355, and third-degree sodomy, ORS 163.385. Because defendant had twice previously been sentenced on convictions for felony sex crimes, his presumptive sentence for the current convictions was life imprisonment without the possibility of release or parole. ORS 137.719. The trial court, however, imposed a downward departure from that sentence, resulting in a...

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