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STATE v. FEBUARY

No. 080982; A154662.

361 P.3d 661 (2015)

274 Or. App. 820

STATE of Oregon, Plaintiff-Respondent, v. Roger Robert FEBUARY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 12, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Lindsey K. Detweiler , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and James Aaron , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and TOOKEY, Judge, and EDMONDS, Senior Judge.

This case requires us to consider the contours of the prohibition against vindictive sentences for a defendant who is resentenced after a successful appeal. Defendant was originally convicted of five crimes, including providing alcohol to a person under 21 years of age (Count 2). The trial court imposed a total term of 170 months' imprisonment...

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