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STATE v. CERVANTES-AVILA

C082678CR; A142481.

255 P.3d 536 (2011)

242 Or. App. 122

STATE of Oregon, Plaintiff-Respondent, v. Silvestre CERVANTES-AVILA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 13, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Louis R. Miles , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Michael R. Washington , Senior Assistant Attorney General, filed the brief for respondent.

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

BREWER, C.J.

Defendant was convicted of, among other offenses, rape in the first degree with a firearm (Count 1), ORS 163.375; sodomy in the first degree with a firearm (Count 2), ORS 163.405; and unlawful use of a weapon (Count 3), ORS 166.220. Defendant was sentenced to two consecutive terms of 100 months' imprisonment on Counts 1 and 2 under ORS 137.700 (Ballot Measure 11), and to 60 months' imprisonment on Count 3 under the "gun minimum" statute, ORS 161.610....

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