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STATE v. LAFFERTY

0704166CR, 0708289CR; A137373 (Control), A137374.

247 P.3d 1266 (2011)

240 Or. App. 564

STATE of Oregon, Plaintiff-Appellant, v. Donald Joseph LAFFERTY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 16, 2011.

Attorney(s) appearing for the Case

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

Meredith Allen , Senior Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

The state appeals from judgments convicting defendant of third-degree assault in one case and first-degree burglary in another. ORS 163.165; ORS 164.225. The state challenges the sentences that the trial court imposed for those crimes, arguing that the court miscalculated defendant's criminal history score. See ORS 138.060(1)(e) (state may appeal a "judgment of conviction based on the sentence as provided in ORS 138.222"). Defendant responds that...

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