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STATE v. THORNSBERRY

A167617.

501 P.3d 1 (2021)

315 Or. App. 287

STATE of Oregon, Plaintiff-Respondent, v. Jacobi Broshawn THORNSBERRY, Defendant-Appellant.

Court of Appeals of Oregon.

October 27, 2021.

Attorney(s) appearing for the Case

Kali Montague , 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 Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

For one of defendant's two first-degree rape convictions, the trial court imposed a 300-month prison term under ORS 137.690, which provides for that imprisonment term if a defendant has a prior conviction, which includes a conviction in the same sentencing proceeding if the conviction is for a separate criminal episode. Over defendant...

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