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STATE v. JACOB

0202-31253, A119971.

145 P.3d 212 (2006)

208 Or. App. 62

STATE of Oregon, Appellant-Cross-Respondent, v. Andre Ramon JACOB, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Resubmitted July 12, 2006.

Decided September 27, 2006.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant-cross-respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jamesa J. Drake, Deputy Public Defender, argued the cause for respondent-cross-appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, and ORTEGA, Judges, and BREITHAUPT, Judge pro tempore.

Resubmitted En Banc July 12, 2006.

EDMONDS, J.

The state appeals after the trial court refused to impose a 30-year gun minimum sentence pursuant to ORS 161.610(4)(c) (2001), amended by Or. Laws 2005, ch. 407, § 1. For the reasons that follow, we remand for resentencing.

The facts that frame the issue on appeal are as follows. In late 1982, defendant was convicted by a jury of robbery in the first degree. In early 1983, pursuant to the applicable...

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