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STATE v. ROBERTS

200608879; A133927.

219 P.3d 41 (2009)

231 Or. App. 263

STATE of Oregon, Plaintiff-Respondent, v. Lester Ray ROBERTS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 7, 2009.

Attorney(s) appearing for the Case

Patrick M. Ebbett and Chilton, Ebbett & Galli, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

In this criminal appeal, the issue is whether the state provided adequate notice to defendant of its intention to rely on certain sentence enhancement facts. We affirm.

The relevant facts are undisputed. On May 8, 2006, defendant was charged by indictment with burglary and theft. The state did not allege any sentence enhancement facts in the indictment. On September 27, 2006, the day before trial, the state faxed to defense counsel a notice of...

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