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STATE v. BROWN

C060461CR, A134218.

204 P.3d 825 (2009)

227 Or. App. 99

STATE of Oregon, Plaintiff-Respondent, v. Wayne Otta BROWN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Sarah E. Carpenter, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Simon C. Whang, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant pleaded guilty to two felony counts of sexual abuse in the first degree, two felony counts of unlawful sexual penetration in the first degree, and one misdemeanor count of sexual abuse in the third degree. ORS 163.427; ORS 163.411; ORS 163.415. His sole assignment of error on appeal is that the trial court erred in sentencing him under ORS 137.700 (Measure 11) on one of his convictions for first-degree...

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