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STATE v. MOON

0205-33164, 0009-37205; A122221 (Control), A122721.

142 P.3d 105 (2006)

207 Or. App. 402

STATE of Oregon, Respondent, v. Medero Prince MOON, Appellant.

Court of Appeals of Oregon.

Petition for Reconsideration May 30, 2006.

Decided August 23, 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.

Erin Galli Rohr for response.

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

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

Appellant's Response to State's Petition for Reconsideration May 30, 2006.

SCHUMAN, P.J.

In State v. Moon, 203 Or.App. 586, 126 P.3d 4 (2006), we held that the trial court erred in imposing an upward durational departure sentence based on facts not found by a jury, and, consequently, we vacated the sentences and...

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