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STATE v. JACOB

(CC 020231253; CA A119971; SC S054173).

180 P.3d 6 (2008)

344 Or. 181

STATE of Oregon, Respondent on Review, v. Andre Ramon JACOB, Petitioner on Review.

Supreme Court of Oregon.

Decided February 22, 2008.

Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

WALTERS, J.

Defendant was convicted three times of felonies involving the use or threatened use of firearms; the first conviction was in 1983, the second in 1991, and the third in 2002. Defendant received a five-year minimum sentence for the first felony and a ten-year minimum sentence for the second felony, under the applicable versions of ORS 161.610. The trial court that sentenced defendant on the third felony refused to impose a 30-year minimum sentence pursuant...

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