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STATE v. ARNOLD

05CR0798; A131476.

164 P.3d 334 (2007)

214 Or. App. 201

STATE of Oregon, Plaintiff-Respondent, v. Brian Patrick ARNOLD, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 25, 2007.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Defendant was convicted of second-degree robbery, ORS 164.405, and received a mandatory minimum sentence of 70 months' imprisonment pursuant to ORS 137.700. On appeal, defendant asserts that the court erred in concluding that he was not eligible for a lesser sentence under ORS 137.712, which authorizes a trial court to impose a sentencing guidelines sentence of less than the mandatory minimum sentence otherwise...

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