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STATE v. BARAJAS

200720981; A145096.

292 P.3d 636 (2012)

254 Or. App. 106

STATE Of Oregon, Plaintiff-Respondent, v. Jose BARAJAS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 12, 2012.

Attorney(s) appearing for the Case

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

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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

DUNCAN, J.

In this criminal case, defendant appeals a judgment revoking probation and imposing sentences for one count of misdemeanor fourth-degree assault, ORS 163.160(1), and one count of felony fourth-degree assault, ORS 163.160(3)(c). He argues that his probation-revocation sentence on the misdemeanor count violated Article I, section 16, of the Oregon Constitution because it exceeded the maximum sentence permitted by law upon revocation of probation for felony...

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