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STATE v. HAMILTON

95-0730; CA A92684.

974 P.2d 245 (1999)

158 Or. App. 258

STATE of Oregon, Appellant, v. Brandon Scott HAMILTON, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1999.

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.

Irene B. Taylor, Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

EDMONDS, J.

The state appeals from a judgment imposing sentence under the sentencing guidelines on two counts of second-degree robbery. ORS 164.405. The sentencing court vacated the original judgment that had imposed the 70-month minimum sentences mandated by Measure 11 and imposed instead 12-month sentences under the guidelines.1 The state argues that the court had no authority to vacate the original judgment and to resentence defendant...

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