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STATE v. TRAVALINI

02CR0699, 03CR0865; A125604 (Control), A125605.

168 P.3d 1159 (2007)

215 Or. App. 226

STATE of Oregon, Plaintiff-Respondent, v. Michael Arlie TRAVALINI, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Tammy W. Sun, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Brendan C. Dunn, 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 SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

Defendant was indicted for arson in the first degree for intentionally damaging the property of another. ORS 164.325(1)(a)(A). The indictment also alleged that the arson "represented a threat of serious physical injury," thereby exposing defendant to an enhanced sentence under an "offense-subcategory fact" set out in the sentencing guidelines but not the arson statute.1 At the close of the state's case, defendant moved for...

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