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STATE v. SPEEDIS

(CC CF070533; CA A138616; SC S058310).

256 P.3d 1061 (2011)

350 Or. 424

STATE of Oregon, Respondent on Review, v. Royce Francis SPEEDIS, Petitioner on Review.

Supreme Court of Oregon.

Decided June 30, 2011.

Attorney(s) appearing for the Case

Meredith Allen , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Doug M. Petrina , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Jesse Wm. Barton , Salem, filed the brief for amicus curiae Pacific Sentencing Initiative, LLC.

Before De MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

KISTLER, J.

Trial courts may impose enhanced sentences in criminal cases when an aggravating factor provides a substantial and compelling reason for doing so. OAR 213-008-0001. The sentencing guidelines list some aggravating factors that trial courts may consider. See OAR 213-008-0002(1). Trial courts, however, also may rely on aggravating factors that are not listed (nonenumerated aggravating factors) to impose an enhanced sentence. See id. Defendant...

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