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STATE v. LANE

(CC 07C49819; CA A148507; SC S062045).

355 P.3d 914 (2015)

357 Or. 619

STATE of Oregon, Petitioner on Review, v. David Frank LANE, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided August 6, 2015.

Attorney(s) appearing for the Case

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

Daniel C. Bennett , Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Oregon's sentencing guidelines provide that, if a defendant with multiple terms of probation commits a single probation violation, any resulting terms of incarceration must be imposed concurrently, not consecutively. OAR 213-012-0040(2)(a). At issue in this case is whether that guidelines provision runs afoul of Article I, section 44...

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