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STATE v. CROSS

Nos. 091234965; 120130446; A153468 (Control) A153469.

331 P.3d 1073 (2014)

264 Or. App. 205

STATE Of Oregon, Plaintiff-Respondent, v. Robert Steven CROSS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 9, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Matthew J. Preusch , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and LAGESEN, Judge.

LAGESEN, J.

The issue on this appeal is whether the trial court was required to find "substantial and compelling reasons" under ORS 137.750 to deny defendant eligibility for alternative incarceration programs (AIPs) and early release under ORS 421.508.1 We conclude that it was not, because ORS 137.751, not ORS 137.750, governs eligibility for AIPs, and ORS 137.751 does not require a trial court to find "substantial and compelling reasons...

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