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STATE v. BREWER

11CR0706, A150602.

320 P.3d 620 (2014)

260 Or. App. 607

STATE of Oregon, Plaintiff-Respondent, v. Renee Ann BREWER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 23, 2014.

Attorney(s) appearing for the Case

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

Timothy A. Sylwester , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

Defendant pleaded guilty to second-degree robbery, ORS 164.405, and was sentenced to a mandatory minimum sentence of 70 months' incarceration under ORS 137.700. She appeals the judgment imposing that sentence, contending that the sentencing court erred when it concluded that she did not qualify for a downward departure sentence under ORS 137.712. The state, in response, asserts first that, because defendant pleaded guilty, under ORS 138.050, her claim...

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