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STATE v. REINKE

Nos. CC 090130185; CA A144138; SC S059760.

309 P.3d 1059 (2013)

354 Or. 98

STATE of Oregon, Respondent on Review, v. Leonard Lloyd REINKE, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted January 7, 2013.

Decided September 12, 2013.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Deputy Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs was Peter Gartlan, Chief Defender.

Doug M. Petrina, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger, Attorney General, and Anna M. Joyce, Solicitor General.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, and LANDAU, Justices.

KISTLER, J.

Ordinarily, a trial court may impose up to a 10-year prison sentence on persons convicted of second-degree kidnapping. See ORS 161.605(2). However, if the court or a jury makes certain factual findings, the court may sentence a person convicted of second-degree kidnapping as a dangerous offender and impose a 30-year prison sentence. See ORS 161.725(1)(b) (authorizing the imposition of that sentence). The question in this case is whether the...

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