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STATE v. WILLIAMS

061287; A138628.

240 P.3d 731 (2010)

237 Or. App. 377

STATE of Oregon, Plaintiff-Respondent, v. Donny D. WILLIAMS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 22, 2010.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

David B. Thompson, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

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

ROSENBLUM, J.

Defendant was charged with, among other offenses, assault in the first degree. ORS 163.185. Under the sentencing guidelines, that offense is ranked at category 10 on the crime seriousness scale if the jury finds, as a "subcategory fact," that the victim "did not substantially contribute to the commission of the offense by precipitating the attack"; it is otherwise ranked at category 9. OAR 213-017-0002(3); OAR 213-017-0003(3). The indictment returned...

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