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STATE v. CAREY-MARTIN

A157942 (Control), A157943.

430 P.3d 98 (2018)

293 Or.App. 611

STATE of Oregon, Plaintiff-Respondent, v. Alixandur C. CAREY-MARTIN, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc April 11, 2018.

September 6, 2018.

Attorney(s) appearing for the Case

Anne K. Fujita Munsey , Deputy Public Defender, argued the cause for appellant. On the brief were Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Lindsey K. Detweiler , Deputy Public Defender, Office of Public Defense Services.

Rolf C. Moan , 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.

ORS 137.690, the statute that enacted Ballot Measure 73, imposes a mandatory minimum term of 25 years for a person who has been convicted of more than one "major felony sex crime."1 Included among the sex crimes defined as "major felony sex crime[s]" is the crime of using a child in a display of sexually explicit...

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