STATE v. LEWIS

95-071680; CA A92621.

945 P.2d 661 (1997)

150 Or. App. 257

STATE of Oregon, Appellant, v. Charles Anthony LEWIS, Respondent.

Court of Appeals of Oregon.

Decided October 1, 1997.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

David C. Degner, Deputy Public Defender, waived appearance for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


WARREN, Presiding Judge.

Pursuant to ORS 138.222(7), the state appeals the sentence imposed after defendant was convicted of assault in the first degree with a firearm, ORS 163.185, for an offense committed in July 1995. The court found that defendant came within grid block 10—I on the sentencing guidelines grid, with a presumptive term of incarceration of 58-60 months. However, the court imposed sentence of 90 months, pursuant to ORS 137.700, the codification...

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