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STATE v. PARTAIN

(CC 03P3038; CA A132336; SC S057581).

239 P.3d 232 (2010)

349 Or. 10

STATE of Oregon, Petitioner on Review, v. Richard Dale PARTAIN, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 10, 2010.

Attorney(s) appearing for the Case

Susan G. Howe , Senior Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Ernest G. Lannet , Chief Deputy Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

GILLETTE, J.

This case concerns the propriety of a 600-month prison sentence imposed on a defendant in a sex abuse case, after the Court of Appeals had vacated the 420-month sentence that the trial court originally had imposed. On defendant's appeal from the second sentence, the Court of Appeals reversed, holding that the trial court had violated the rule announced by this court in State v. Turner, 247 Or. 301, 313,

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