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STATE v. JEFFERY

A176879.

541 P.3d 909 (2023)

329 Or. App. 380

STATE of Oregon, Plaintiff-Respondent, v. Marty Anwar JEFFERY, Defendant-Appellant.

Court of Appeals of Oregon.

December 6, 2023.

Attorney(s) appearing for the Case

Sara F. Werboff , 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.

Doug M. Petrina , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.

Defendant was convicted of first-degree robbery, ORS 164.415, and sentenced to 90 months in prison, ORS 137.700(2)(a)(R). On appeal, defendant's primary argument is that the length of his sentence is constitutionally disproportionate when compared to the gravity of his offense. Applying State v. Rodriguez/Buck,

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