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STATE v. ANDERSON

061309; A143540.

258 P.3d 1244 (2011)

243 Or. App. 222

STATE of Oregon, Plaintiff-Respondent, v. Jaison Douglas ANDERSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Bear Wilner-Nugent , Portland, argued the cause and filed the brief for appellant.

Michael A. Casper , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant, who was convicted of third-degree rape, ORS 163.355, appeals a judgment revoking his probation. When defendant was originally sentenced to probation, his criminal history score included an assault conviction. While he was serving probation, this court reversed his assault conviction. Subsequently, defendant violated the conditions of his probation. Defendant argues that the sentencing court erred in failing to recalculate his criminal history...

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