MOLETTE v. NOOTH

A158692.

421 P.3d 379 (2018)

291 Or.App. 426

Troy James MOLETTE, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

April 18, 2018.


Attorney(s) appearing for the Case

Jed Peterson , Portland, argued the cause for appellant. With him on the brief was O'Connor Weber LLP.

Doug M. Petrina , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Before DeHoog, Presiding Judge, and James, Judge, and Edmonds, Senior Judge.


Petitioner appeals a judgment denying his petition for post-conviction relief. Petitioner was convicted of second-degree sex abuse, ORS 163.425, and sentenced to life in prison under Oregon's repeat sex offender sentencing statute, ORS 137.719, which states, in part:

"(1) The presumptive sentence for a sex crime that is a felony...

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