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STATE v. MOLETTE

09C47991; A144809.

296 P.3d 594 (2013)

255 Or. App. 29

STATE of Oregon, Plaintiff-Respondent, v. Troy James MOLETTE, aka Troy James Malette, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 6, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, Office of Public Defense Services, argued the cause and filed the brief for appellant.

Matthew J. Lysne , Assistant Attorney-in-Charge, Criminal Appeals, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General.

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

WOLLHEIM, J.

Defendant appeals a judgment sentencing him to the presumptive sentence of life imprisonment without the possibility of release or parole, ORS 137.719, following his conviction for second-degree sexual abuse, ORS 163.375. The trial court determined that defendant had been sentenced to two prior felony sex crimes. Defendant argues that the trial court lacked authority to impose the presumptive sentence under ORS 137.719 because the state failed to prove...

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