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STATE v. SHAW

06CR1416, A136011.

225 P.3d 855 (2010)

233 Or. App. 427

STATE of Oregon, Plaintiff-Respondent, v. Donald Clayton SHAW, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 27, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Robin A. Jones, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent. On the supplemental answering brief were John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Robert M. Atkinson, Senior Assistant Attorney General.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and EDMONDS, Senior Judge.

EDMONDS, S.J.

Defendant was convicted of first-degree rape, ORS 163.375(1)(b), and first-degree sexual abuse, ORS 163.427(1)(a)(A), of an 11-year-old girl. Those convictions carried with them certain mandatory sentences under ORS 137.700: Defendant received a sentence of 25 years' imprisonment and lifetime post-prison supervision on the rape conviction, and a concurrent sentence of 75 months' imprisonment on the sexual abuse conviction. On appeal, he challenges only...

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