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STATE v. TRAUTWEIN

CM0520181; A129516.

209 P.3d 850 (2009)

229 Or. App. 90

STATE of Oregon, Plaintiff-Appellant, v. Brian Scott TRAUTWEIN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 10, 2009.

Attorney(s) appearing for the Case

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for petition.

Before WOLLHEIM, Presiding Judge, and EDMONDS, Judge, and SERCOMBE, Judge.

PER CURIAM.

The state petitions this court to reconsider its decision in State v. Trautwein, 217 Or.App. 429, 175 P.3d 1028 (2008). In Trautwein, a state's appeal, the state argued that the trial court had erred in ruling that the imposition of consecutive sentences under ORS 137.123(5) would have violated defendant's right to a jury trial under the Sixth Amendment to the United States Constitution. We affirmed without opinion. The state now contends...

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