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STATE v. LENNON

(CC 02C46833; CA A122082; SC S057150).

229 P.3d 589 (2010)

348 Or. 148

STATE of Oregon, Petitioner on Review, v. Charles Kavin LENNON, aka Charles Cavin Lennon, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided April 8, 2010.

Attorney(s) appearing for the Case

Doug M. Petrina, Senior Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Meredith Allen, Senior Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review. With her on the briefs were Peter Gartlan, Chief Defender, and Louis R. Miles, Deputy Public Defender.

LINDER, J.

This case is before us a second time. In its first decision, the Court of Appeals determined that it was plain error for the sentencing court not to have given defendant the option of a jury trial to decide the facts on which the court imposed an upward departure sentence for his conviction; the Court of Appeals then exercised its discretion to correct that error. State v. Lennon, 204 Or.App. 111,

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