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STATE v. TOQUERO

06C50221; A136941.

208 P.3d 1026 (2009)

228 Or. App. 547

STATE of Oregon, Plaintiff-Respondent, v. Fred Leo TOQUERO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 27, 2009.

Attorney(s) appearing for the Case

Garrett A. Richardson and Multnomah Defenders, Inc., Portland, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.

BREWER, C.J.

Defendant was convicted of 11 sex offenses after a trial to the court. Five of the convictions were for using a child in a display of sexually explicit conduct. ORS 163.670(1).1 Under ORS 137.700(2)(b) (Measure 11), the mandatory minimum sentence for each of those convictions is 70 months' imprisonment. However, at sentencing, the prosecutor told the court that the mandatory minimum sentence for each of those convictions was...

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