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STATE v. McGHEE

95-04-32421; CA A92410.

971 P.2d 913 (1998)

157 Or. App. 598

STATE of Oregon, Respondent, v. Donieca Rochelle McGHEE, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted September 16, 1998.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Resubmitted En Banc September 16, 1998.

PER CURIAM.

Defendant was convicted of assault in the second degree. The trial court imposed a sentence of 70 months pursuant to Measure 11 and a post-prison supervision period of 36 months. On appeal, defendant argues that the Measure 11 sentence imposed for the crime of assault in the second degree offends the proportionality provision of Article I, section 16, of the Oregon...

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