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MOLETTE v. NOOTH

A158692.

421 P.3d 379 (2018)

291 Or.App. 426

Troy James MOLETTE, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

April 18, 2018.

Attorney(s) appearing for the Case

Jed Peterson, Portland, argued the cause for appellant. With him on the brief was O'Connor Weber LLP.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Paul L. Smith, Deputy Solicitor General.

Before DeHoog, Presiding Judge, and James, Judge, and Edmonds, Senior Judge.

Petitioner appeals a judgment denying his petition for post-conviction relief. Petitioner was convicted of second-degree sex abuse, ORS 163.425, and sentenced to life in prison under Oregon's repeat sex offender sentencing statute, ORS 137.719, which states, in part:

"(1) The presumptive sentence for a sex crime that is a felony...

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