STATE of Oregon, Respondent on Review,
v.
Robert Wayne BRAY, Petitioner on Review.
STATE of Oregon, Petitioner on Review,
v.
Robert Wayne Bray, Respondent on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 1, 2006.
Decided June 1, 2007.
Attorney(s) appearing for the Case
Ernest G. Lannet and Joshua B. Crowther, Deputy Public Defenders, Salem, argued the cause and filed the briefs for petitioner on review/respondent on review Bray. With them on the briefs were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.
Jonathan H. Fussner and Robert M. Atkinson, Assistant Attorneys General, Salem, argued the cause and filed the briefs for petitioner on review/respondent on review State of Oregon. With them on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.
Supreme Court of Oregon.
KISTLER, J.
This case presents two issues. The first is whether the statutory prohibition against possessing child pornography1 with the intent to print or display it requires proof that the person also intended to disseminate it. The second issue is whether a sentencing enhancement factor — "[p]ersistent involvement in similar offenses" — comes within the prior conviction exception to the rule in Apprendi v. New Jersey...
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