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STATE v. CURRY

9306-33902; A122657.

146 P.3d 348 (2006)

209 Or. App. 31

STATE of Oregon, Respondent, v. Anthony Lenaire CURRY, aka Levone M. Donavon, aka Tony Jackson, Appellant.

Court of Appeals of Oregon.

Decided November 1, 2006.

Attorney(s) appearing for the Case

Tammy W. Sun, Deputy Public Defender, argued the cause for appellant. With her on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Defendant was convicted, after a trial to the court, of various crimes and sentenced to departure sentences based on trial court findings. After exhausting his state avenues of direct appeal and post-conviction relief, he obtained federal habeas corpus relief on the ground that his criminal trial counsel had failed to raise at sentencing a meritorious argument concerning his criminal history. The primary issue before us now is the scope of the criminal...

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