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STATE v. SELLARDS

A168452.

459 P.3d 961 (2020)

301 Or. App. 843

STATE of Oregon, Plaintiff-Respondent, v. Sarah Jean SELLARDS, Defendant-Appellant.

Court of Appeals of Oregon.

January 23, 2020.

Attorney(s) appearing for the Case

Emily P. Seltzer , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Timothy A. Sylwester , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

PER CURIAM

Defendant appeals from a judgment of conviction for first-degree burglary and attempted fourth-degree assault. Defendant assigns error to the trial court's finding that the burglary conviction comes within sentencing grid block 9-H based on defendant threatening or attempting to cause physical injury. See OAR 213-017-0003(11) (placing first-degree burglary in crime category (CC) 9 "[i]f offender was armed with a deadly weapon, or caused, threatened...

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